LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 

Class 


The 

Political  Status  of  Women 

In  the  United  States 

A  Digest  of  the  Laws  Concerning  Women 
in  the  Various  States  and  Territories 


Compiled  by 

Bertha    Rembaugh 

Member  of  the  New  York  Bar 


With  an  Introduction  by 

Harriot  Stanton  Blatch 

President  of  The  Women's  Political  Union 


G.  P.  Putnam's  Sons 

New     York    and     London 

ZTbe  fmfcfterbocfter  press 
1911 


The  accompanying  map  is  reprinted  by  permis- 
sion of  the  Woman's  Journal. 


COVYRIGHT,    igll 
BY 

THE  WOMEN'S  POLITICAL  UNION 


imicfeerbocfcer  preee,  Hew  ffiorfc 


Women's  Political  Union 

Headquarters 

46  East  Twenty-Ninth  Street 
New  York 

Telephone,  Madison  Square  3043 


OFFICERS 

Harriot  Stanton  Blatch 

President 
Elizabeth  Ellsworth  Cook 

Vice-President 
Marcia  Townsend 

Treasurer 
Eunice  Dana  Brannan 

Chairman  Finance  Committee 
Caroline  Lexow 

Executive  Secretary 


EXECUTIVE   BOARD 

Nora  Blatch  de  Forest 
Clara  Grymes 
Florence  Kelley 
Alice  J.  G.  Perkins 
Bertha  Rembaugh 
Elizabeth  Selden  Rogers 
Sarah  Splint 


228544 


NOTE  OF  EXPLANATION 

ON  January  20,  1910,  the  Conference  of  Gover- 
nors at  their  meeting  at  the  National  Capital 
extended  to  a  committee  of  The  Women's  Political 
Union  the  privilege  of  presenting  to  their  honorable 
body  the  following  appeal  : 

To  THE  CONFERENCE  OF  GOVERNORS: 

"As  one  of  the  objects  of  your  Conference  is  to  es- 
tablish in  the  separate  states  uniform  legislation  upon 
those  questions  which  seem  to  demand  a  national  pol- 
icy, yet  in  regard  to  which  federal  action  is  impossible 
or  inadvisable,  we,  a  committee  of  women  from  the 
State  of  New  York,  feel  that  it  will  not  be  out  of  place 
to  suggest  that  the  political  position  of  women  in  the 
several  states  is  a  question  worthy  of  your  most  earn- 
est consideration.  This  question,  like  the  others  with 
which  your  Conference  will  deal,  is  not  likely  to  be 
settled  nationally,  but  will,  in  the  future  as  in  the 
past,  be  entirely  a  matter  of  State  action. 

"It  is  also  a  question  which  because  of  lack  of  uni- 
formity in  the  electoral  laws  of  the  several  states  causes 
discontent  in  a  large  body  of  our  citizens.  No  other 
laws  in  the  separate  states  stand  in  greater  contrast 
than  those  dealing  with  the  political  rights  of  women. 

"While  in  four  states,  Wyoming,  Utah,  Colorado, 
and  Idaho,  women  enjoy  the  exercise  of  electoral  rights 
which  belong  to  citizens  in  a  republic,  in  other  states 


vi  Note  of  Explanation 

they  have  no  part  whatsoever  in  the  political  life  of 
the  community  in  which  they  live. 

"Between  these  extremes  our  states  illustrate  every 
stage  in  political  evolution  from  a  complete  sex  aristo- 
cracy to  a  free  self-governing  people.  Between  these 
extremes  there  are  states  in  which  women  have  the 
school  vote,  the  tax  vote,  and  (in  Kansas)  the  munici- 
pal vote.  This  divergence  causes  constant  unrest  in  our 
women.  It  has  been  again  and  again  demonstrated 
that  human  beings  will  not  rest  satisfied  under  dis- 
franchisement  within  a  given  boundary  while  their 
fellows  outside  that  boundary  enjoy  political  freedom. 
It  causes,  for  instance,  unrest  for  the  women  of  New 
York  State  to  see  with  what  little  effect  they  work  for 
protective  legislation  for  women  and  with  what  ease 
similar  laws  are  put  on  the  statute  books  of  Colorado. 

"We  urge,  then,  upon  this  Conference  that  the  ques- 
tion of  the  political  position  of  women  in  the  separate 
states  be  made  one  of  the  topics  upon  which  the  most 
exhaustive  information  be  gathered,  to  the  end  that 
the  enfranchisement  of  women  be  made  the  basis  of  a 
full  discussion  at  the  next  meeting  of  our  Conference  of 
Governors. 

11  Signed  on  behalf  of  The  Women's  Political  Union. 

"MAUD  CABOT,  Chairman. 
EUNICE  DANA  BRANNAN, 
HARRIOT  STANTON  BLATCH." 

Acting  upon  the  suggestion  of  the  final  para- 
graph of  this  appeal,  The  Women's  Political  Union 
made  an  exhaustive  study  and  unbiassed  summary 
of  the  political  position  of  women  in  every  State 


Note  of  Explanation  vii 

and  Territory  of  the  Union.  The  Conference  of 
Governors  at  Frankfort,  Kentucky,  in  December, 
1910,  received  a  manuscript  copy  of  this  report 
and  signified  their  willingness  to  accept  individ- 
ually a  copy  of  the  Digest  when  issued  in  printed 
form. 

THE  WOMEN'S  POLITICAL  UNION. 

46  E.  29th  St.,  NEW  YORK,  N.  Y. 
August,  1 91 1. 


INTRODUCTION 

THE  Women's  Political  Union  has  in  the  publi- 
cation of  this  volume  and  the  presentation  of 
it  to  the  Conference  of  Governors  at  Spring  Lake, 
New  Jersey,  fulfilled  the  undertaking  to  place  in 
the  hands  of  the  chief  executive  of  each  State  a 
concise  report  of  the  political  status  of  women  in 
the  United  States. 

This  report  gives  expression  to  no  opinions; 
it  is  but  an  abridged  citation  of  laws  regulating 
the  political  rights  of  women  presented  state 
by  state  in  alphabetical  order.  Each  state  is 
dealt  with  upon  one  fixed  plan; — the  situation 
as  to  general  suffrage  is  first  given  in  the  words 
of  the  particular  constitution,  then  follow  the 
constitutional  and  statutory  regulations  of  special 
and  local  suffrage,  such  as  the  municipal,  school, 
and  tax  votes,  with  court  decisions  defining  the 
political  position  of  women.  Finally,  under  each 
caption,  the  office-holding  rights,  both  appointive 
and  elective,  are  set  forth.  These  facts  bear  out 
what  was  said  in  general  terms  in  the  address 
to  the  Conference  of  Governors  presented  by  a 
committee  of  the  Women's  Political  Union  in 

ix 


x  Introduction 

1910,  that  "our  states  illustrate  every  stage  in 
political  evolution  from  a  complete  sex  aristo- 
cracy to  a  free,  self-governing  people." 

Since  our  first  appeal  was  made  to  the  Con- 
ference of  Governors,  one  more  state  has  been 
added  to  the  group  of  commonwealths  which 
have  adopted  in  fact,  and  not  merely  in  name,  a 
republican  form  of  government.  -The  enfran- 
chisement of  women  in  Washington  in  November, 
1910,  completes  a  chain  of  states  reaching  from 
the  Rocky  Mountains  to  the  Pacific  Ocean  in 
which  women  are  politically  free.  Situated  on 
the  high  altitudes  of  the  Rockies,  Wyoming  was 
the  first  state  in  our  Union  to  adopt  woman 
suffrage.  It  had  made  a  trial  of  suffrage  in  its 
territorial  days  for  over  twenty  years,  when  it 
came  into  the  Union  in  1890  with  a  Constitution 
ensuring  complete  political  equality  between  men 
and  women.  Three  years  later,  Colorado  just 
to  the  south  of  Wyoming  enfranchised  its  women. 
Utah  bordering  Colorado  on  the  west,  and  Idaho 
touching  Utah  on  the  north,  followed  the  example 
of  their  sister  state  in  1896.  Then  Washington, 
having  watched  the  experiments  in  democracy 
across  its  eastern  boundary,  conferred  full  political 
rights  upon  its  women  citizens. 

Of  the  nine  states  forming  the  Rocky  Mountain 
and  Pacific  group,  five  have  already  enfranchised 
their  women.  Of  the  other  four,  Nevada  has 
passed  through  the  first  stage  the  suffrage  amend- 


Introduction  xi 

ment  to  its  Constitution,  Oregon  will  submit  the 
question  of  woman  suffrage  to  the  voters  in  1912, 
and  California  will  vote  on  a  woman  suffrage 
constitutional  amendment  on  October  tenth  of 
this  year. 

If  a  comparison  is  made  between  the  sections 
of  the  report  dealing  for  instance  with  Colorado 
and  Massachusetts,  it  will  be  clear  to  what  com- 
plications the  disfranchisement  of  a  class  of  adult 
citizens  leads.  As  a  civic  sense  develops  in  a 
people,  even  the  disfranchised  begin  to  demand 
opportunity  for  service  to  the  community.  There 
has  to  come  a  response  to  this  demand,  and  a 
wider  and  wider  field  of  political  expression  has 
to  be  granted.  And  so  long  as  the  simple  step 
of  doing  full  justice  is  not  taken,  each  partial 
advance  brings  about  complication  and  litigation. 
Seven  protracted  lawsuits  occurred  in  Washington 
State  while  women  had  only  partial  suffrage, 
merely  to  determine  whether  under  the  particular 
political  limitations  it  was  constitutional  for 
women  to  vote  for  a  given  officer,  or  hold  certain 
offices.  The  pages  of  this  digest  of  laws  are 
dotted  over  with  indications  that  it  is  impossible 
to  have  harmony  in  the  exercise  of  civic  duties 
in  a  community  where  one  half  the  citizens  enjoy 
full  political  freedom  and  the  other  half  are  in 
political  leading  strings.  Nothing  could  have 
been  more  admirable  than  the  law  in  Ohio  creat- 
ing a  board  of  women  directors  to  manage 


xii  Introduction 

the  women's  department  of  workhouses.  But  the 
result  was  only  expensive  litigation;  for  the 
political  people  of  Ohio  had  long  before  written 
in  their  Constitution  a  wise  provision  that  no 
one  but  an  "elector"  could  be  appointed  to  any 
office. 

The  American  woman  is  a  political  pariah. 
Except  in  five  states,  she  wanders  insecure  in 
the  possession  of  any  privilege  conferred  upon 
her.  And  as  she  passes  from  state  to  state  her 
political  position  changes  without  a  basis  of 
reason  or  justice.  She  can  vote  on  questions  of 
taxation  in  Louisiana,  but  is  deprived  of  this 
fundamental  right  to  protect  her  property  in- 
terests in  Missouri.  She  is  deemed  intelligent 
enough  to  vote  on  school  questions  which  so 
deeply  concern  her  children  in  Illinois,  but  is 
barred  from  any  power  in  educational  matters 
in  Indiana,  In  Ohio  she  can  vote  for  school 
officers,  but  not  on  the  question  as  to  whether 
there  shall  be  a  school  or  how  much  it  shall  cost. 
Iowa  reverses  the  matter  and  allows  a  woman 
to  express  an  opinion  at  the  ballot-box  on  bond 
issues,  but  she  cannot  elect  school  officers.  A 
woman  can  be  an  attorney  in  Alabama  but  not 
in  Virginia;  while  she  can  be  a  notary  public  in 
Virginia  but  not  in  Alabama.  In  many  of  the 
southern  states  women  free-holders  have  the 
right  to  petition  for  an  election  in  regard  to  local 
improvements  or  a  special  school  tax;  but  having 


Introduction  xiii 

secured  the  election  they  cannot  vote  to  help 
determine  the  conclusion.  In  short,  the  political 
position  of  women  in  the  United  States  is  a 
chaos  of  contradictions. 

It  is  hoped  by  the  Women's  Political  Union 
that  the  Conference  of  Governors  will  feel  that 
one  of  their  duties  should  be  to  bring  unity  into 
this  conflict  of  divergent  political  ideas.  In  such 
an  endeavor  to  harmonize  the  political  status  of 
women  in  the  different  states,  it  should  ever  be 
borne  in  mind  that  our  nation  is  a  federation 
under  a  Constitution  which  guarantees  to  the 
people  of  each  separate  state  a  republican  form 
of  government.  Because  of  that  guarantee  it 
is  expedient  and  it  is  wise  to  appeal  from  the 
medievalism  of  the  Constitution  of  Georgia  which 
declares,  "Females  are  not  entitled  to  the  pri- 
vilege of  the  elective  franchise;  nor  can  they 
hold  any  civil  office  or  perform  any  civil  func- 
tions, "  to  the  modern  Constitution  of  Wyoming,— 
"Since  equality  in  the  enjoyment  of  natural  and 
civil  rights  is  made  sure  only  through  political 
equality,  the  laws  of  this  state  affecting  the 
political  rights  and  privileges  of  its  citizens 
shall  be  without  distinction  of  race,  color  or  sex." 

HARRIOT  STANTON  BLATCH. 
September, 


DIGEST  OF  THE  LAWS  BEARING  ON  THE 
POLITICAL  STATUS  OF  WOMEN 


ALABAMA 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
form  of  state  wide  suffrage,  the  qualifications  of 
electors  being  as  follows:  Constitution  of  1901, 
Sec.  177.  "Every  male  citizen  .  .  .  and  every 
male  resident  of  foreign  birth  (who  shall  have  de- 
clared his  intention  to  become  a  citizen)  .  .  .  shall 
be  an  elector.  ..."  The  Political  Code,  Sec. 
290,  re-enacts  Constitution,  Sec.  177,  in  terms,  add- 
ing certain  residential  qualifications  but  confining 
suffrage  to  males.  Constitution,  Sec.  181,  Subdiv. 
2,  generally  known  as  the  "grandfather  clause," 
giving  the  property  qualifications  necessary  in  the 
alternative  for  registration,  admits  to  registration 
the  husband  of  a  woman  owning  forty  acres  of 
land,  other  real  estate  worth  $300,  or  personal 
property  worth  $300.  This  section  of  the  Consti- 
tution is  re-enacted  in  the  Political  Code,  Sec.  312. 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have  no 
form  of  special  suffrage,  the  qualifications  for  the 
principal  forms  of  such  suffrage  being  as  follows : 

I .  Taxation  and  bond  issue . — B ond  issues  of  city, 
county,  town,  village,  or  district  are  to  be  author- 
ized by  a  majority  of  the  "qualified  voters"  under 
the  Constitution. — Constitution,  Sec.  222. 

3 


4  Political  Status  of  Women 

Extra  taxation  in  certain  cities  must  be  author- 
ized by  a  vote  of  the  "qualified  voters." — Consti- 
tution, Sec.  216. 

School  tax  imposed  by  the  "qualified  electors  of 
the  county." — Constitution,  Sec.  269. 

(N.  #.— The  words  "qualified  voter"  or  "  quali- 
fied elector"  used  in  any  State  statute  are  held  to 
mean  electors  as  defined  by  the  Constitution  of  the 
State,  unless  something  to  the  contrary  is  expressly 
said.) 

2.  Local  option. — Election   on   a   question   of 
local  option  must  be  held  on  the  petition  of  one 
fourth  of  the  "qualified  voters  of  the  county. "- 
Political  Code,  Sec.  492. 

Election  on  a  question  of  establishment  of  dis- 
pensary must  be  held  on  petition  of  one  fifth  of 
the  "qualified  voters  of  the  county." — Political 
Code,  Sec.  228. 

3.  School. — District    trustees  elected   by   the 
qualified  voters  of  the  district  from  the  "freehold- 
ers and  householders  who  can  read  and  write. "- 
Political  Code,  Sec.  1097. 

OFFICE-HOLDING. — Women  hold  no  office,  but  it 
would  not  require  a  Constitutional  amendment  to 
make  them  eligible,  as  the  prohibition  is  not  con- 
tained in  the  Constitution. 

'Persons  who  are  ineligible  to  and  disqualified 
for  holding  office  under  the  authority  of  this  State. 
.  .  .  Those  who  are  not  qualified  electors,  except 


Arizona  5 

as  otherwise  provided. " — Political  Code,  Sec.  1467. 
Among  offices  covered  by  this  section  are  all 
those  mentioned  in  the  Constitution;  deputy 
officers,  such  as  deputy  sheriffs  (White  vs.  State,  44 
Ala.  409;  Andrews  vs.  State,  78  Id.  483),  notaries 
public  (Governor  vs.  Girden,  15  Ala.  72).  Those 
not  included  are  (i)  attorneys  (In  re  Dorsey,  7 
Port.  298,  Pinkard  vs.  Allen,  75  Ala.  73).  The 
Civil  Code,  Sec.  2975,  declares  that  "Any  person, 
being  a  citizen  of  this  State,  a  resident  of  this  state 
...  "'  may  be  an  attorney;  (2)  enrolling  clerk 
of  legislature  (State  vs.  Gardner,  43  Ala.  234). 


ARIZONA 

GENERAL  STATE  SUFFRAGE. 

The  Organic  Law  (Act  of  Congress)  serves  the 
Territory  of  Arizona  in  place  of  a  constitution. 
Sec.  28  of  that  law  sets  forth  "At  all  subsequent 
elections  (after  the  first  territorial  election)  .  .  . 
the  qualification  of  voters  and  of  office-holding 
shall  be  such  as  may  be  prescribed  by  the  legisla- 
tive assembly  of  each  territory,  subject,  neverthe- 
less, to  the  following  restrictions  on  the  power  of 
the  legislative  assembly,  namely : — First  the  right 
of  suffrage  and  of  holding  office  shall  be  exercised 
only  by  citizens  of  the  United  States  above  the 
age  of  twenty-one  years  and  by  those  above  that 
age  who  have  declared  on  oath  .  .  .  their  inten- 


6  Political  Status  of  Women 

tion  to  become  such."  Under  this  power  the 
legislature  has  prescribed  for  suffrage'  as  follows : 
"Every  male  citizen  of  the  United  States  and 
every  male  citizen  of  Mexico  who  shall  have  .  .  . 
declared  his  intention  to  become  a  citizen  .  .  . 
shall  be  entitled  to  vote" — subject  to  certain 
residence  qualifications.  - —  Political  Code,  Sec. 
2282. 

SPECIAL  SUFFRAGE. — Women  have  school  suffrage. 

1.  School. — Civil  Code,  Sec.  2178.    "Every  per- 
son, male  or  female,  of  the  age  of  twenty-one  years, 
who  is  a  citizen  of  the  United  States  .  .  .  and  who 
is  the  parent  or  guardian  of  a  child  of  school  age 
residing  in  the  district,  or  who  has  paid  a  territorial 
or  county  school  tax  ...  is  eligible  to  be  elected 
to  the  office  of  trustee  and  shall  be  entitled  to  vote 
at  any  school  district  election,  provided  that  every 
woman  offering  to  vote  at  such  election  (who  is 
otherwise  qualified  under  this  section)  and  whose 
husband  or  father  is  or  was  a  citizen  of  the  United 
States,  shall  be  treated  and  considered  as  a  citizen 
of  the  United  States  for  the  purpose  of  voting  at 
such  election."     This  includes  cities  as  well  as 
country  districts. 

Question  of  the  establishment  of  a  high  school  to 
be  decided  by  the  vote  of  the  qualified  electors  of 
the  school  district. — Sec.  2218. 

2.  Taxation  and  bond  issue. — Cf.  Civ.  Code, 
Sees.  2182  and  2185. 


Arizona  7 

3.  Municipal  suffrage. — The  attempt  to  give 
taxpaying  women  municipal  suffrage  was  declared 
unconstitutional  in  its  then  form. 

Act.  No.  76  of  Laws  of  1897  (Sec.  508  of  Civ. 
Code) . — ' '  At  any  city  election  every  taxpayer  shall 
be  entitled  to  vote  without  discrimination  of  sex, 
but  nothing  herein  shall  be  construed  as  abridging 
the  right  of  elective  franchise  possessed  by  any 
person. "  Construed  in  Cronly  vs.  City  of  Tucson, 
6  Ariz.  235,  56  Pac.  876. — Held  void  in  its  entirety 
as  not  limited  to  citizens  over  twenty-one  as  re- 
quired by  the  Organic  Law,  Sec.  26,  and  not  sever- 
able  into  valid  and  void  provisions.  The  Court, 
however,  says  that  "subject  to  the  restrictions  of 
1860  (Organic  Act)  that  the  right  to  vote  should  be 
limited  to  citizens  of  the  United  States  .  .  .  above 
the  age  of  twenty-one  years,  the  legislature  of  the 
territory  has  the  power  to  confer  the  elective  fran- 
chise on  females." 

The  present  law  on  municipal  suffrage  is  as  fol- 
lows: No  one  may  vote  at  town  elections  who  is 
"not  entitled  to  vote  at  the  election  of  county 
officers. " — Civ.  Code,  Sec.  561 .  To  entitle  citizens 
to  vote  on  incorporation  or  disincorporation  of 
cities  he  must  be  a  "male  citizen"  and  a  taxpayer. 
"All  county  and  precinct  officers  for  whose  election 
...  no  other  provision  is  made  by  this  title,  shall 
be  elected  at  the  general  election  in  the  year  1902 
and  every  two  years  thereafter. " — Civ.  Code,  Sec. 
1058.  (As  the  general  election  is  governed  by  Po- 


8  Political  Status  of  Women 

litical  Code,  Sec.  2282,  supra,  this  cuts  women  out 
of  county  and  town  suffrage.) 

The  act  of  incorporation  of  cities  of  over  $3,000,- 
ooo  taxable  values  must  be  adopted  by  "the 
legal  voters  who  are  taxpayers." — Civ.  Code,  Sec. 
717. 

4.  Local  option. — Supervisor  of  county  may  call 
election  of  "qualified  voters  of  said  county"  to 
vote  on  this  question. — Civil  Code,  Sec.  3058. 

OFFICE -HOLDING. — There  is  no  general  limita- 
tion against  women  in  office.  Cf.  Organic  Law, 
Sec.  28,  cited  before. 

No  person  except  a  citizen  of  the  United  States 
"shall  be  eligible  to  any  office,  employment  or  ser- 
vice in  any  public  institution  in  the  territory  of 
Arizona  ...  of  any  kind  or  character,  whether  by 
election,  appointment  or  contract." — Political 
Code,  Sec.  196. 

"Every  officer  must  be  twenty-one  years  of  age 
and  a  citizen  of  the  United  States." — Political 
Code,  Sec.  195. 

Officers  treated  of  under  this  qualification  are  :— 
governor,  secretary  of  the  territory,  territorial 
treasurer,  attorney-general,  superintendent  of 
public  instruction,  fish  and  game  commissioner. 
And  it  seems  that  women  would,  therefore,  be 
eligible. 

"The  power  of  appointment  to  the  office  of  no- 
tary public  shall  include  the  right  and  power  to 


Arkansas  9 

appoint  females,  who  are  over  the  age  of  twenty- 
one  years  .  .  .  with  the  same  conditions  as  are 
now  by  law  applicable  to  the  appointment  of  males 
to  such  office." — Sec.  176. 

"No  person  not  an  elector  shall  be  eligible  to 
office  under  the  provisions  of  this  act  .  .  ." — Civ. 
Code,  Sec.  640.  (Officers  in  cities  of  over  $3,000,- 
ooo  taxable  value.) 

All  county  officers  shall  be  citizens  and  electors.— 
Civil  Code,  Sec.  1048. 

The  county  supervisors  "shall  be  qualified  elect- 
ors of  their  respective  counties  and  shall  be  elected 
at  the  general  election." — Sec.  963. 

Attorneys. — The  word  person  used  throughout 
and  no  mention  of  sex. — Civil  Code,  Sees.  391- 
412. 

"Board  of  Education  to  have  charge  of  high 
schools  shall  consist,  in  any  union  high  school  dis- 
trict of  five  trustees  who  shall  be  qualified  electors 
of  the  district. " — Laws  of  1903,  p.  59. 


ARKANSAS 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage.  "Every  male  citizen  of  the  United 
States  or  male  person  who  has  declared  his  inten- 
tion of  becoming  a  citizen  .  .  .  shall  be  entitled 
to  vote  at  all  elections  of  the  people." — Constitu- 
tion of  1874,  Art.  III.,  Sec.  i. 


io          Political  Status  of  Women 

SPECIAL   SUFFRAGE. — Women   possess   the  right 
of  petition  in  two  matters. 

1 .  Local  improvements. — Petitions  for  local  im- 
provements.    "Women  married  or  single  may  sign 
the  petition,  guardians  may  sign  for  their  wards, 
executors  and  administrators  may  sign  for  the  es- 
tates  represented   by  them." — Kirby's  Digest  of 
Statutes,  Sec.  5717.     This  is  confined  to  property- 
owning  women. — (Sec.  5665.) 

"For  the  purposes  of  these  acts  (i.  e.,  local  im- 
provements), females  as  well  as  males  are  com- 
petent subscribers  to  the  petition  herein  provided 
for."— Sec.  5730. 

2.  Local  option. — Upon  the  petition  of  a  ma- 
jority of  the  adult  inhabitants  living  within  three 
miles  of  a  church  or  school  house,  the  Court  may 
make  an  order  refusing  a  license  for  two  years  or 
until  a  counter-petition  has  been  filed. — Sec.  5129. 
Construed  to  include  women  in  Blackwell  vs.  State, 
35  Ark.  178  (181). 

Women  have  no  form  of  school,  bond,  or  tax 
suffrage,  all  rights  being  confined  to  "the  qualified 
electors."  (Const.,  Art.  XIV.,  Sec.  3;  Statutes, 
Sec.  7696.). 

OFFICE-HOLDING. — Women  cannot  hold  office. 

"No  person  shall  be  elected  or  appointed  to  fill 
a  vacancy  in  any  office  who  does  not  possess  the 
qualifications  of  an  elector." — Constitution,  Art. 
XIX.,  Sec.  3.  Except  as  above  there  is  no  qualifi- 


California  1 1 

cation  for  any  State  officer  saving  that  the  governor 
shall  be  a  citizen  of  the  United  States  thirty  years 
of  age.  Justice  of  the  Peace  "shall  be  a  qualified 
elector." — Constitution,  Art.  VII.,  Sec.  41.  No- 
taries Public  shall  be  "  citizens  of  the  County  for 
which  they  are  appointed."  Statutes,  Sec.  5743. 
" Every  male  citizen"  may  upon  application  be 
admitted  to  the  bar. — Sec.  441  (Attorney). 
Juror  must  be  "an  elector  and  citizen  of  county. " 
—Sec.  4490.  Ch.  89  on  State  Institutions  contains 
no  provision  or  prohibition  of  women  on  boards  of 
trustees. 


CALIFORNIA 

GENERAL    SUFFRAGE. — Women    have   no    state 
suffrage. 

"Every  native  male  citizen  of  the  United  States, 
every  male  person  who  shall  have  acquired  the 
rights  of  citizenship  under  or  by  virtue  of  the 
Treaty  of  Queretaro,  and  every  male  naturalized 
citizen  .  .  .  shall  be  entitled  to  vote  at  all  elec- 
tions. "—Constitution,  Art.  II.,  Sec.  i.  The  Politi- 
cal Code,  Sec.  1083,  re-enacts  the  Constitution, 
Art.  II.,  Sec.  i,  in  terms.  The  Political  Code, 
Sec.  50:  "The  people  as  a  political  body  consist: 
i.  Of  citizens  who  are  electors.  2.  Of  citizens 
not  electors." 


12          Political  Status  of  Women 

Neither  Amendments  XV.  nor  XIV.  of  the  Fed- 
eral Constitution  protect  sex.  Van  Valkenburg 
vs.  Brown,  43  Cal.  43. 

SPECIAL  SUFFRAGE. — Women  have  no  special  suf- 
frage. 

1 .  Municipal  election  on  questions  submitted  to 
the  people  and  for  officers.     "Every  person  who 
was  a  qualified  elector  at  the  general  state  election 
next  preceding  .  .  .  shall  be  entitled  to  vote  at 
said  election." — Political  Code,  Sec.  1120. 

2.  Election  of  school  trustees. — ' '  Every  elector, 
resident  of  the  school  district,  who  is  a  qualified 
elector  of  the  county,"  shall  be  qualified  to  vote 
for  school  trustee. — Political  Code,  Sec.  1598. 

OFFICE-HOLDING. — Women  hold  no  elective  offices 
except  school  offices. 

"Every  elector  is  eligible  to  the  office  for  which 
he  is  an  elector,  except  where  otherwise  speci- 
fically provided;  and  no  person  is  eligible  who  is  not 
such  an  elector  except  when  otherwise  specifically 
provided.  "—Political  Code,  Sec.  58.  (7.  e.,  there 
is  apparently  no  limit  on  persons  holding  office  by 
appointment  except  that  contained  in  Sees.  841 
and  842  following.) 

"No  person  is  capable  of  holding  a  civil  office 
who  at  the  time  of  his  election  or  appointment  is 
not  of  the  age  of  twenty-one  years  and  a  citizen  of 
this  state. " — Sec.  841.  Qualifications  for  particu- 


California  13 

lar  offices  are  to  be  contained  in  the  sections  on 
each  office. — Sec.  842. 

Citizenship  and  residence  are  the  only  express 
qualifications^  or  the'f  ollowing  offices :  Senators  and 
assemblymen  (Constitution,  Art.  IV.,  Sec.  4), 
governor  (Constitution,  Art.  V.,  Sec.  4),  lieu- 
tenant-governor (Constitution,  Art.  V.,  Sec.  15), 
secretary  of  state,  comptroller,  treasurer,  at- 
torney-general, surveyor-general  (Constitution, 
Art.  V.,  Sec.  17). 

I .  Education. — ' '  Women  over  the  age  of  twenty- 
one  years  who  are  citizens  of  the  United  States  and 
of  this  state  shall  be  eligible  to  all  educational  offi- 
ces within  the  state  except  those  from  which  they 
are  excluded  by  the  Constitution." — Act  of  Mar., 
1874,  Stat.  1873,  p.  356,  Sec.  i.  The  only  sections 
of  the  Constitution  bearing  on  educational  appoint- 
ments are:  Art.  IX.,  Sec.  2.  "A  superintendent 
of  public  instruction  shall,  at  each  gubernatorial 
election  ...  be  elected  by  the  qualified  voters  of 
the  State";  Sec.  3.  "A  superintendent  of  schools 
for  each  county  shall  be  elected  by  the  qualified 
electors";  Sec.  7.  State  Board  of  Education  is 
to  be  composed  of  the  governor,  superintendent  of 
public  instruction,  president  of  the  University  of 
California,  professor  of  pedagogy  therein,  and  the 
principals  of  the  state  normal  schools. 

Statutes  1873-4,  p.  938.  Female  teachers  to  re- 
ceive same  pay  as  male.  (Gen.  Laws,  Act  3575.) 

No  person  is  eligible  to  county,  township,  or  dis- 


14          Political  Status  of  Women 

trict  office  who  is  not  an  elector  at  the  time  of  his 
election.  "Provided  that  any  woman  who  is  of 
the  age  of  twenty-one  years  or  over,  a  citizen  of  the 
state  and  a  resident  of  the  county  or  district,  shall 
be  eligible  to  the  office  of  superintendent  of  public 
schools,  school  trustee  or  member  of  the  county 
board  of  education." — Political  Code,  Sec.  4023. 

2.  Civil  rights.- — "No  person  shall  on  account 
of  sex  be  disqualified  from  entering  upon  or  pursu- 
ing any  lawful  business,  vocation  or  profession.  "- 
Constitution,  Art.  XX.,  Sec.  18. 

3.  Offices,  miscellaneous. — "Every  person  ap- 
pointed as  a  notary  public  must,  at  the  time  of  ap- 
pointment, be  a  citizen  of  the  United  States  and  of 
this  state,  and  twenty-one  years  of  age ;  must  have 
resided  in  the  county  for  which  the  appointment 
is  made  six  months.     Women  having  these  qualifi- 
cations may  be  appointed." — Political  Code,  Sec. 
792. 

"Any  citizen  or  person  resident  in  this  state,  who 
has  bona  fide  declared  his  or  her  intention  to  become 
a  citizen  in  the  manner  required  by  law  ...  is 
entitled  to  admission  as  attorney  and  counsellor 
in  all  the  courts  of  this  state." — Code  of  Civil 
Procedure,  Sec.  275. 

Qualified  women  must  be  admitted  to  the  Hast- 
ings Law  School. — Foltz  vs.  Hoge,  54  Cal.  28. 

Jail  matrons  to  be  appointed  in  cities  of  ten 
thousand  or  more  inhabitants. — Gen.  Laws,  Sec. 
2775. 


Colorado  15 

Directors  of  state  institutions  appointed  by  gov- 
ernor— no  qualifications.  Political  Code,  Sec.  368. 
(Same  Sec.  2147.) 


COLORADO 

GENERAL  STATE  SUFFRAGE. — Women  have  com- 
plete political  equality. 

"Every  person  over  the  age  of  twenty-one  years 
possessing  the  following  qualifications  shall  be  en- 
titled to  vote  at  all  elections.  He  or  she  shall  be  a 
citizen  of  the  United  States"  .  .  .  and  have  cer- 
tain residence  qualifications. — Constitution,  Art. 
VII.,  Sec.  i. 

"The  general  assembly  shall  at  the  first  session 
thereof,  and  may  at  any  subsequent  session  enact 
laws  to  extend  the  rights  of  suffrage  to  women  of 
lawful  age  and  otherwise  qualified  according  to  the 
provisions  of  this  Article." — Sec.  2. 

Revised  Statutes  of  1908,  Sec.  2146,  re-enacts 
Constitution,  Art.  VII.,  Sec.  i,  in  terms. 

"That  every  female  person  shall  be  entitled  to 
vote  at  all  elections,  in  the  same  manner  in  all  re- 
spects as  male  persons  are  or  shall  be  entitled  to 
vote  by  the  Constitution  and  laws  of  this  State, 
and  the  same  qualifications  as  to  age,  citizenship 
and  time  of  residence  in  the  State,  county,  city, 
ward  and  precinct,  and  all  other  qualifications  re- 
quired by  law  to  entitle  male  persons  to  vote  shall 


1 6         Political  Status  of  Women 

be  required  to  entitle  female  persons  to  vote." 
—Sec.  2147. 

OFFICE-HOLDING. — Women  may  hold  any  office. 

"No  person  except  a  qualified  elector  shall  be 
elected  or  appointed  to  any  civil  or  military  office 
in  this  State." — Constitution,  Art.  VII.,  Sec.  6. 

"No  person  shall  be  eligible  to  any  county  office 
unless  he  shall  be  a  qualified  elector. " — Art.  XIV., 
Sec.  10. 

"Every  qualified  elector  shall  be  eligible  to  hold 
any  office  of  this  State  for  which  he  is  an  elector, 
except  as  otherwise  provided  by  the  Constitution. " 
—Revised  Stat.,  Sec.  2150.  (Refers  to  age  qualifi- 
cations, etc.) 


CONNECTICUT 

GENERAL  SUFFRAGE. — Women  have  no  State 
suffrage,  the  qualifications  for  general  electors 
being  as  follows : 

Constitution  of  1818,  Art.  VI.,  Sec.  I.  "Every 
white  male  citizen  of  the  United  States  ...  is  a 
voter."  (Subject  to  property,  residence  and 
character  qualifications.) 

Amendment  VIII.  (1845)— dropped  property 
qualifications. 

Amendment  XL  (1855) — added  educational 
qualifications. 


Connecticut  17 

Amendment  XXIII. — dropped  the  word 
"white." 

General  Statutes,  Revision  of  1902,  Sec.  1593. 
Electors  are  "  every  male  citizen  of  the  United 
States"  subject  to  residence,  educational,  and 
character  qualifications. 

SPECIAL  SUFFRAGE. — The  only  form  of  limited 
suffrage  extended  to  women  is  the  school  suffrage, 
and  the  related  suffrage  on  library  matters* 

i.  School  suffrage. — "Every  woman  who  shall 
have  attained  the  age  of  twenty-one  years,  who 
shall  be  a  citizen  of  this  state  or  of  the  United 
States  and  who  shall  have  resided  in  the  state  one 
year  and  in  the  town  six  months,  and  can  read  the 
English  language,  shall,  after  having  been  duly 
admitted,  have  the  right  to  vote  for  any  officer  .of 
schools  and  directors  of  public  libraries,  and  upon 
any  question  relating  to  education,  or  to  schools  or 
to  public  libraries." — General  Statutes,  Sec.  1629, 
as  amended  by  the  Laws  of  1909,  ch.  96. 

There  shall  be  separate  "to  be  made"  lists  of 
women  "by  whom  or  in  whose  behalf  the  claim  is 
made  to  either  registrar  that  they  will  be  entitled 
to  vote  for  school  officers,  and  on  questions  relating 
to  education  and  schools." — Sec.  1616. 

(N.  B.  Lists  "  to  be  made  "  are  those  of  persons 
about  to  become  eligible  to  vote.) 

Selectmen  and  town  clerk  admit  from  women's 
"to  be  made"  list  at  the  same  time  that  other 


1 8          Political  Status  of  Women 

electors  admitted  from  "to  be  made"  lists. — Sec. 
1630. 

Sec.  1631  provides  for  separate  lists  of  women 
voters;  and 

Sec.  1 66 1  for  separate  ballot-boxes. 

Sec.  1799:  "Those  women  whose  names  appear 
upon  the  registry  list  of  women  voters  shall  be  en- 
titled to  vote  at  any  meeting  held  for  choosing 
school  officers  or  upon  any  matter  relating  to 
education  or  schools." 

2.  Local  option. — Petition  for  election  and  elec- 
tion itself  is  to  be  by  "legal  voters, "  but  taxpayers 
may  appeal  from  the  granting  or  refusing  an  in- 
dividual license. — Sec.  2638,  2660. 

3.  Municipal  suffrage. — By  Constitution,  Art. 
X.,  Sec.  32,  the  form  of  town  government  is  pro- 
vided and  town  officers  and  elections  therefore  are 
constitutional  and  come  under  the  limitation  of 
Article  VI. 

OFFICE-HOLDING. — It  is  a  mooted  question  whether 
women  can  hold  office  in  Connecticut,  though  some 
minor  offices  are  opened  by  statutes. 

"Every  elector  shall  be  eligible  to  any  office  in 
this  state  except  in  cases  provided  for  in  this  Con- 
stitution."— Constitution,  Art.  VI.,  Sec.  3. 

"No  person  who  is  not  an  elector  of  this  state 
shall  be  eligible"  for  governor. — Amendment  IV., 
Sec.  i.  No  further  qualifications  for  lieutenant- 
governor,  secretary,  treasurer,  controller,  sheriff, 


Connecticut  19 

are  in  the  Constitution  except  that  in  Art.  VI.,  Sec. 

3- 

1.  Educational  offices. — "No   person  shall  be 
ineligible  to  serve  as  a  member  of  a  board  of  ed- 
ucation, board  of  school  visitors,  town  school  com- 
mittee, or  district  committee,  or  disqualified  from 
holding  such  office  by  reason  of  sex." — General 
Stat.,  Sec.  2115. 

(Query:  Constitutionality  of  this  in  view  of 
Constitution,  Art.  VI.,  Sec.  3,  there  being  nothing 
to  confine  Constitution,  Art.  VI.,  Sec.  3,  to  consti- 
tutional offices.) 

2 .  Town  clerk,  etc. — ' '  No  person  shall  be  deemed 
disqualified  from  holding  the  offices  of  assistant 
town  clerk,  registrar  of  births,  deaths,  and  mar- 
riages, or  assistant  registrar  of  births,  deaths,  and 
marriages,  by  reason  of  sex." — Sec.  1846. 

3.  State  boards. — The  State  Board  of  Charities 
consists  of  "five  members  of  whom  three  shall  be 
men  and  two  women." — Sec.  2857. 

The  Board  of  Education  of  the  Blind  is  composed 
of  four  persons,  the  governor,  chief  justice,  and  one 
man  and  one  woman  appointed  by  the  governor. — 
Sec.  2206. 

4.  Attorneys. — Court  may  admit  as  attorneys 
"such  persons  as  are  qualified  therefor." — Sec. 
458.     Women  are  admissible  under  this  section. 
(In  re  Hall,  50  Conn.  131.) 

5.  Commissioners  of  the  Supreme  Court. — The 
Court  may  appoint  "any  number  of  persons." — 


20         Political  Status  of  Women 

Sec.  461.  This  is  held  to  include  women.  (In  re 
Hall,  supra.) 

6.  Notaries  public. — Governor  may  appoint  a 
convenient  number. — Sec.  69. 

(Note  that  in  the  last  election,  November,  1910, 
a  woman  ran  for  secretary  of  state  upon  one  of  the 
party  tickets  and  although  her  eligibility  was  ques- 
tioned her  name  was  not  removed  from  the  ticket.) 


DELAWARE 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
form  of  State  suffrage. 

Constitution,  Art.  IV.,  Sec.  I :  "Every  free  white 
male  citizen  .  .  .  shall  enjoy  the  rights  of  an 
elector."  "No  idiot,  or  insane  person,  pauper  or 
person  convicted  of  a  crime  ...  shall  enjoy  the 
right  of  an  elector." 

General  Election  Law,  v.  19,  ch.  38,  Laws  of 
Delaware,  Sec.  i:  "  In  all  elections  for  Gover- 
nors, Senators,  Representatives,  Sheriffs,  Coroners, 
or  any  other  county  or  state  officers,  of  Represen- 
tatives in  Congress  or  of  electors  of  President  and 
Vice-President,  every  male  citizen  .  .  .  (subject 
to  age,  residence  and  tax  restriction)  .  .  .  shall  en- 
joy the  right  of  an  elector.  .  .  .  ' 

Ch.  36,  v.  21,  1898-9.  "Provided  every  appli- 
cant for  registration  shall  upon  payment  of  the 


Delaware  21 

registration  fee  be  held  and  considered  a  qualified 
voter  if  he  be  a  male  citizen  of  the  State.  ..." 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have  a 
limited  school  suffrage,  full  suffrage  in  library 
matters,  and  in  some  places  limited  municipal 
suffrage. 

1.  School. — Ch.    122,   vol.  24   (1907)   of  Free 
Schools  Law.     Method  of  raising  money.     Sec.  3. 
"At  any  election  held  under  the  provisions  of  this 
act  each  person  who  would  have  had  the  right  to 
vote  at  the  regular  school  election  of  the  district 
next  preceding  such  special  election  and  also  every 
female  resident  seized  of   an   estate   of   freehold 
situated  in  said  district,  shall  have  a  right  to  cast 
one  vote  for  every  dollar  and  fractional  part  of  a 
dollar  of  school  tax  assessed  for  the  year  in  which 
such  election  is  held  against   him  or  her  respec- 
tively."    This  applies  only  to  elections  on  the 
question  of  raising  money — the  ordinary  school 
election  is  governed  by  the  following  section. 

"Every  person  residing  within  the  district  and 
having  the  right  to  vote  for  representatives  in  the 
general  assembly  (and  having  paid  his  school  tax 
for  the  preceding  year)  shall  be  a  school  voter  of 
said  district." — Ch.  42  of  Free  Schools,  Sec.  3. 

2.  Local  option. — Constitution,  Art.  XIV.,  Sec. 
2,  requires  submission  of  the  question  of  local  op- 
tion to  the  vote  of  "qualified  electors"  on  petition 
of  members  of  assembly  of  that  district. 


22          Political  Status  of  Women 

3.  Libraries. — Ch.  136  of  vol.  22  (1901)  Sec.  8. 
Vote  on  establishment  of  libraries.     "All  persons 
entitled  to  vote  at  the  regular  town  election  .  .  . 
shall  be  entitled  to  vote  on  such  questions,  and  in 
addition  all  female  persons  over  the  age  of  twenty- 
one  years  .  .  .  (who  have  three  months'  residence 
and  have  paid  a  town  tax)  .  .  .  shall  be  entitled 
to  vote  at  said  election  as  to  the  establishment  of  a 
free  library,  and  thereafter  at  any  town  election  at 
which  members  of  the  Town  Library  Commission 
shall  be  elected  as  hereinafter  provided,  all  female 
persons  over  the   age  of   twenty-one  years    .  .  . 
shall,  in  addition  to  all  other  persons  entitled  to 
vote  at  said  election,  be  entitled  to  vote  at  said 
election   for    members    of     said    Town    Library 
Commission  but   such  female  person  shall  vote 
upon  no  other  questions  and  for  no  other  official 
at   any  town   election,   except  as  they  now  are 
and  hereafter  may  be,    authorized  so  to  do  by 
particular    charter   or  general  laws.      The    term 
'qualified     electors'    whenever  used  in  this  Act 
shall  be   deemed   to   embrace  and  include  such 
male  persons." 

District  Library  Commission  must  submit  ques- 
tion of  raising  money  to  qualified  voters  of  library 
district  at  regular  meeting. — Ch.  106  of  1909,  vol. 
25,  sec.  18. 

4.  Women  vote  on  tax  propositions  in  Milford, 
Newark,  and  several  other  towns  by  town  charter. 
(Cf.  vol.  23,  ch.  169,  p.  282.) 


Delaware  23 

OFFICE-HOLDING. — There  is  no  general  prohibi- 
tion against  women  in  office,  and  no  general  re- 
quirement that  officers  be  electors,  but  women  do 
not  hold  office  as  a  fact.  The  requirements  for 
the  various  offices  are  as  follows : 

For  Representative, — citizen  and  inhabitant. 
(Constitution,  Art.  II.,  Sec.  2.)  For  Senator,— 
freeholder,  citizen,  and  inhabitant.  (Sec.  3.)  For 
Governor,  — citizen  and  inhabitant.  (Sec.  4.)  For 
various  Public  Boards  and  Charity  Commissions, 
appointed  by  the  Governor,  there  are  no  quali- 
fications given.  There  are  women  officers  in  the 
Industrial  School  for  Girls  which  was  incorporated 
by  women. — Laws,  ch.  637,  vol.  19.  For  Attor- 
neys,— "There  may  be  a  competent  number  of 
persons,  of  an  honest  disposition  and  learned  in  the 
law,  admitted  by  the  judges  of  respective  courts  to 
practice  as  attorneys  therein." — Laws,  ch.  92, 
vol.  14,  sec.  6.  (Women  were  refused  admission 
in  1900.)  The  Governor  appoints  county  superin- 
tendents of  schools,  who  shall  be  "persons"  "of 
good  moral  character  and  well  qualified  for  such 
office." — Laws,  ch.  67,  vol.  18,  sec.  2.  Notaries 
Public  are  appointed  by  the  Governor,  no  qualifi- 
cations being  given. — Laws,  ch.  36,  sec.  i.  "All 
persons  qualified  to  vote  at  the  general  election 
shall  be  liable  to  serve  as  jurors." — Laws,  ch.  109, 
vol.  14.  Assessors  must  be  freeholders  and  in- 
habitants.— Laws,  ch.  XVII. ,  sec.  2. 

On  the  Public  Libraries  Commission  "No  person 


24         Political  Status  of  Women 

shall  be  ineligible  to  serve  by  reason  of  sex  .  .  . " 
—Laws,  ch.  136,  vol.  22,  sec.  n,  1903. 


FLORIDA 

GENERAL  SUFFRAGE. — Women  have  no  form  of 
State  suffrage. 

Const. ,  Art.  VI.,  Sec.  I .  ' '  Every  male  person  of 
the  age  of  twenty-one  years  and  upwards  .  .  . 
shall  be  deemed  a  qualified  elector  at  all  elections 
under  this  Constitution" — if  a  citizen  or  a  person 
who  has  declared  his  intention  to  become  one. 
General  Statutes  of  1906,  Sec.  170,  re-enacts  Const. 
VI.,  Sec.  i,  in  terms,  and  further  excludes  persons 
unregistered,  under  guardianship,  insane,  felons, 
etc. 

SPECIAL  SUFFRAGE. — Women  have  no   form   of 
special  suffrage. 

1.  Schools. — Special    school    tax  districts  are 
organized  on  petition   of   "taxpaying  electors." 
(Gen.  Stat.,     Sec.  399.)       "All    qualified  voters 
.  .  .  that  pay  tax  .  .  .  shall  be  entitled  to  vote" 
in  such  district  elections.     (Sec.  405.) 

2.  Local   option. — Elections    on    questions    of 
local  option  are  held  on  application  of  one  fourth 
of  " registered  voters"  of  county.     (Const.,  Art. 
XIX.,  Sec.  i.) 


Florida  25 

3.  Municipal  suffrage. — Electors  of  the  munici- 
pality are  the  same  as  those  at  the  general  election 
except  as  to  residence  qualifications.  (Gen.  Stat., 
Sec.  1010.) 

OFFICE-HOLDING. — Women  hold  no  office  ex- 
cept that  of  notaries  public,  although  there  is  no 
general  provision  in  the  laws  or  Constitution  con- 
fining office  to  electors,  and  only  in  a  few  individual 
instances  is  such  a  qualification  mentioned.  For 
instance,  senators  and  representatives  must  be 
' '  duly  qualified  electors. ' '  (Constitution,  Art.  III. , 
Sec.  4.) 

The  governor  must  be  a  "duly  qualified  elector" 
(Art.  IV.,  Sec.  3).  Grand  and  petit  jurors  must  be 
"male  persons  over  the  age  of  twenty-one  years." 
(Gen.  Stat.,  Sec.  1570.)  "Women  over  twenty-one 
years  of  age  are  hereby  declared  to  be  eligible  to 
appointment  by  the  governor  as  notaries  public, 
and  to  hold  and  exercise  the  office  thereof  upon  the 
same  terms  and  conditions,  with  the  same  powers 
and  emoluments,  as  notaries  now  appointed  by  the 
governor."  (General  Stat.,  Sec.  303.) 

In  the  statute  dealing  with  attorneys-at-law  there 
is  no  express  exclusion  or  inclusion  of  women. 
(General  Stat.,  Sec.  1349.) 

State  Board  of  Control  consists  of  "five  of  the 
most  capable  and  efficient  citizens."  (Laws  of 
1905,  ch.  5384,  Co-ordinating  State  Educational 
Institutions,  Sec.  14.) 


26         Political  Status  of  Women 
GEORGIA 

GENERAL  STATE  SUFFRAGE. — Georgia  is  the  only 
state  that  in  express  terms  and  by  name  forbids 
women  to  exercise  any  political  rights. 

"Every  male  citizen  of  the  United  States  .  .  . 
shall  be  deemed  an  elector."  Subject  to  certain 
residence  and  taxpaying  restrictions. — Const., 
Art.  II.,  Sec.  2.  "Females  are  not  entitled  to  the 
privilege  of  the  elective  franchise;  nor  can  they 
hold  any  civil  office  or  perform  any  civil  functions, 
unless  specially  authorized  by  law;  nor  are  they 
required  to  discharge  any  military,  jury,  police, 
patrol  or  road  duty.  Provided  nothing  contained 
herein  shall  prevent  a  woman,  a  resident  of  the 
state  for  four  years  and  who  has  attained  the  age 
of  twenty-one  years,  from  being  eligible  to  the 
position  or  office  of  state  librarian  by  appoint- 
ment by  the  governor  under  the  provisions  of  force 
regulating  appointments  by  the  governor. " — Code 
of  Georgia,  vol.  ii.,  Sec.  1810.  (Last  section  added 
by  Supplement,  Sec.  6155.) 

"Qualification  of  voters  for  members  of  the 
general  assembly  is  contained  in  the  following 
section  of  the  Constitution  of  the  State,  to  wit:" 
(quotes  Const.,  Art.  II.,  Sec.  2) — Code,  Sec.  32. 
"Persons  qualified  to  vote  for  members  of  the 
general  assembly,  and  none  others,  are  quali- 
fied to  vote  for  other  officers,  civil  or  military, 
unless  said  privileges  be  enlarged  or  restricted  by 


Georgia  27 

the  Constitution  or  some  special  enactment." — 
Sec.  33. 

SPECIAL  OR  LOCAL  SUFFRAGE. — There  is  prac- 
tically no  limited  suffrage  in  Georgia,  school  and 
many  officers  being  appointed.  (Civil  Code,  Sees. 

I338-54.) 

For  debt  incurring  suffrage,  etc.,  cf.  Laws  of  1904, 
Act  610;  Laws  of  1905,  Act  159. 

Laws  of  1905,  Act  132,  Sec.  2:  "Majority  of 
the  freeholders"  of  a  district  may  petition  for  an 
election  putting  stock  law  in  force. 

OFFICE-HOLDING. 

1.  Women  hold  no  public  office  except  state 
librarian.     (Cf.  Code,  vol.  ii.,  sec.  1810,  supra.) 

2 .  A  ttorneys. — ' '  Any  male  citizen,  of  good  moral 
character,  ...  is  entitled  to  plead  and  practise 
law  in  this  State. "     (Sec.  4398.)     "Any  male  per- 
son desiring  to  become  a  member  of  the  bar  of  this 
State"  .  .  .  may  make   application — (Sec.  6305, 
Amendments  of  1901).     "All  male  persons  who 
have  successfully  passed"  the  examinations  are 
admitted  to  the  bar.     (Sec.  6309.) 

3.  Physicians. — The  law  regulating  the  exami- 
nation for  applicant  as  physician  at  State  Lunatic 
Asylum  reads:  "Such  competitive  examinations 
will  be  open  to  all  physicians  in  good  standing 
whether  men  or  women  .  .  ."     (Sec.  6511).     It  is 
mandatory  that  a  woman  be  appointed  to  the  first 


28         Political  Status  of  Women 

vacancy,  "as  it  is  the  purpose  of  this  act  to  have  at 
least  one  woman  physician  as  assistant  physician 
at  said  asylum."  (Sec.  6513.)  And  further,  the 
woman  physician  must  be  assigned  duty  "in  the 
line  of  her  profession."  (Sec.  6514.) 

4.  County  officers. — County  officers  must  be 
residents  and  qualified  voters  elected  by  qualified 
voters.  (Constitution,  Art.  XII.,  Sec.  2;  Supple- 
ment, Sec.  6125.)  In  White  vs.  Clements,  39  Ga. 
266,  there  is  a  dictum  holding  that  women  and 
minors  would  be  eligible  to  some  offices,  i.  e.,  those 
not  denied  by  Constitution  nor  mentioned  in 
it. 


IDAHO 

GENERAL  STATE  SUFFRAGE. — One  of  the  full  suf- 
frage States. 

Const.,  Art.  VI.,  Sec.  2.  "Except  as  in  this 
article  otherwise  provided  every  male  or  female 
citizen  of  the  United  States,  twenty-one  years  old 
.  .  .  (subject  to  certain  residence  and  registra- 
tion provisions)  ...  is  a  qualified  elector;  and 
until  otherwise  provided  by  the  legislature,  women 
who  have  the  qualifications  prescribed  in  this  arti- 
cle may  continue  to  hold  such  school  offices  and 
vote  at  such  school  elections  as  provided  by  the  laws 
of  Idaho  Territory. "  (1895.) 


Idaho  29 

Const.,  Art.  VI.,  Sec.  4:  Disqualifies  for  voting, 
jury  duty,  and  office:  persons  under  guardianship, 
insane,  felons  or  convicts,  bribe-takers,  prisoners, 
polygamists,  Chinese  descent,  and  Indians. 

Sec.  4.  Legislature  may  prescribe  additional 
qualifications  for  voting. 

SPECIAL  OR  LOCAL  SUFFRAGE. — School  elections 
for  district  trustees — conducted  as  county  elec- 
tion. If  on  bond  issue,  only  freeholders  or  heads 
of  families  vote. — Revised  Codes,  Sec.  622. 

OFFICE-HOLDING.— Women  hold  all  offices,  al- 
though the  question  of  their  eligibility  has  been 
raised  under  Const.,  Art.  VI.,  2. 

"No  disqualification  to  hold  office  on  account  of 
sex  which  may  exist  under  this  section,  can  be 
raised  in  a  proceeding  instituted  after  the  wrongful 
removal  of  the  officer,  to  compel  her  to  deliver  the 
papers  of  the  office  to  her  alleged  successor." 
Village  of  Kendricks  vs.  Nelson,  89  Pac.  755.  In 
this  case  a  claimant  tried  to  raise  the  question  of 
the  eligibility  of  a  woman  to  the  office  of  village 
treasurer,  holding  her  disqualified  under  Const., 
Art.  VI.,  Sec.  2. 

"Every  qualified  elector  shall  be  eligible  to  hold 
any  office  of  this  State  for  which  he  is  an  elector, 
except  as  otherwise  provided  by  the  Constitution. " 
—Revised  Codes,  Sec.  250. 


30          Political  Status  of  Women 
ILLINOIS 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage. 

"Every  person  having  resided  in  this  state  one 
year,  in  the  county  ninety  days,  and  in  the  election 
district  thirty  days  next  preceding  any  election 
therein,  who  was  an  elector  in  this  state  on  the  first 
day  of  April  in  the  year  of  Our  Lord  1848,  or  ob- 
tained a  certificate  of  naturalization  before  any 
court  of  record  in  this  state  prior  to  the  first  day  of 
January  in  the  year  of  Our  Lord  1870,  or  who  shall 
be  a  male  citizen  of  the  United  States  above  the 
age  of  twenty-one  years,  shall  be  entitled  to  vote 
at  such  elections." — Const.,  Art.  VII.,  Sec.  i. 

Kurd's  Revised  Statutes,  p.  966,  sec.  65  of 
Elections  re-enacts  Const.,  Art.  VII.,  Sec.  i. 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have  the 
school  suffrage,  much  limited  by  decisions. 

i.  School. — "Any  woman  of  the  age  of  twenty- 
one  years  and  upwards,  belonging  to  either  of  the 
classes  mentioned  in  Art.  VII.  of  the  Constitution 
of  the  State  of  Illinois,  who  shall  have  resided  in 
this  state  one  year,  in  the  county  ninety  days,  and 
in  the  election  district  thirty  days  next  preceding 
any  election  held  for  the  purpose  of  choosing  any 
officer  of  schools  under  the  general  or  special  school 
laws  of  this  State,  shall  be  entitled  to  vote  at  such 
elections  in  the  school  district  of  which  she  shall 


Illinois  31 

at  the  time  have  been  for  thirty  days  a  resident: 
Provided  any  woman  so  desirous  of  voting  at  any 
such  election  shall  have  been  registered  in  the  same 
manner  as  is  provided  for  the  registration  of  male 
voters." — Rev.  Stat.,  p.  1039,  Elections,  Sees.  332 
and  333.  (Laws  1891,  p.  135.  Sec.  I.) 

"Whenever  the  elections  of  public  school  officers 
shall  occur  at  the  same  election  at  which  other 
public  officers  are  elected,  the  ballot  offered  by  any 
woman  entitled  to  vote  under  this  act  shall  not 
contain  the  name  of  any  person  to  be  voted  for  at 
such  election,  except  such  officers  of  public  school, 
and  such  ballots  shall  all  be  deposited  in  a  separate 
ballot  box,  but  canvassed  with  other  ballots  cast 
for  school  officers  at  such  election." — Sec.  2. 

Const.,  Art.  VIII.,  Sec.  5.  County  Superinten- 
dent of  Schools.  His  qualifications  and  "manner 
of  election"  to  be  prescribed  by  law. 

(N.  B.  School  officers  are  elected  only  in  the 
country  districts.  In  Chicago  no  school  officers 
elected  except  university  trustees.  The  rest  ap- 
pointed by  Mayor,  etc.  This  materially  limits  the 
apparent  scope  of  the  school  suffrage  law  which  is 
again  limited  by  the  decisions  which  follow.) 

People  vs.  Welsh,  70  111.  641  (1891).  Act  of  1891 
authorizing  women  to  vote  for  school  officers  does 
not  authorize  them  to  vote  on  proposition  to  es- 
tablish a  township  high  school  submitted  at  such 
elections. 

People  vs.  English,  139  111.  622  (1892).   Act  of 


32          Political  Status  of  Women 

1891  is  unconstitutional  and  void  as  far  as  it 
attempts  to  allow  women  to  vote  for  county 
superintendent  of  schools.  That  is  a  consti- 
tutional office  under  Const.,  Art.  VIII.,  Sec.  5. 

Plummer  vs.  Yost,  144  111.  68  (1893).  Act  of 
1891  cannot  give  right  to  vote  for  superintendent 
of  public  instruction  (Const.,  Art.  V.,  Sees.  I  and  3) 
or  county  superintendent  (Const.,  Art.  VIII. , 
Sec.  5) ,  but  does  for  any  other  school  officer. 

Ackermann  vs.  Haenck,  147  111.  514  (1893). 
Follows  Plummer  vs.  Yost — i.e.,  women  may  vote 
for  boards  of  education.  The  sections  construed 
in  the  above  cases  are:  Const.,  Art.  V.,  Sec.  I. 
Superintendent  of  public  instruction  mentioned 
as  a  state  officer. 

Sec.  3.  Elected  every  four  years  "at  such  place 
and  in  such  place  and  in  such  manner  as  may  be 
prescribed  by  law. " 

2.  Municipal  suffrage. — Cities,  villages  and 
towns,  Revised  Statutes,  p.  341.  Sec.  50.  "All 
persons  entitled  to  vote  at  any  general  election 
for  state  officers  within  any  city  or  village,  having 
resided  therein  thirty  days  next  preceding  thereto, 
may  vote  at  any  election  for  city  or  village  officers  " 
— i.e.,  women  excluded.  The  constitution  limits 
rights  of  legislature  to  increase  bonded  debt  of 
Chicago  without  consent  of  "majority  of  the  legal 
voters  of  said  city,  voting  on  the  questions  at  any 
election,  general,  municipal  or  special."  Also 


Illinois  33 

right  of  legislature  to  add  or  decrease  territory 
of  city  without  same  consent.  Also  makes  referen- 
dum of  any  law  based  on  this  section  to  same 
consent. — Constitution,  Art.  IV.,  Sec.  34. 

OFFICE-HOLDING. — No  legal  limitation  on  women's 
holding  office,  unless  one  can  be  spelled  out  in- 
directly in  Rev.  Stat.,  p.  1078;  cf.  infra,  and  such 
cases  as  In  re  Bradwell.  "No  person  shall  be 
elected  or  appointed  to  any  office  in  this  state, 
civil  or  military,  who  is  not  a  citizen  of  the 
United  States,  and  who  shall  not  have  resided  in 
this  state  one  year  next  preceding  the  election  or 
appointment." — Constitution,  Art.  VII.,  Sec.  6. 

Senator  and  representative  must  be  "citizens 
and  residents." — Const.,  Art.  IV.,  Sec.  3.  Gover- 
nor and  lieutenant-governor  must  be  "citizens  of 
the  United  States  and  this  state." — Const.,  Art. 
V.,  Sec.  5.  Judges  and  county  commissioners 
must  be  citizens  and  residents. — Const.,  Art.  VI., 
Sec.  17.  "Any  woman  who  has  attained  the  age 
of  twenty-one  and  who  possesses  the  qualifications 
prescribed,  shall  be  eligible  to  any  office  under  the 
general  or  special  school  laws  of  this  state." — Rev. 
Stat.,  Sec.  269.  County  officers — no  qualifica- 
tions are  mentioned. — Const.,  Art.  X.,  Sec.  8. 
Revised  Stat.,  p.  1078  (Laws  1871-2,  p.  578), 
Sec.  i.  "That  no  person  shall  be  precluded  or 
debarred  from  any  occupation,  profession  or 
employment  (except  military)  on  account  of  sex: 


34         Political  Status  of  Women 

Provided  that  this  act  shall  not  be  construed  to 
affect  the  eligibility  of  any  person  to  any  elective 
office."  Sec.  2.  " Nothing  in  this  act  shall  be 
construed  as  requiring  any  female  to  work  on 
streets  or  roads,  or  serve  on  juries."  Rev.  Stat., 
p.  1087,  Employment,  Sec.  54  (L.  1903,  p.  194). 
Assistant  superintendent  of  free  employment 
agencies  to  be  a  woman. 

Rev.  Stat.,  p.  275,  Charities,  Sec.  25.  The  man- 
agement of  each  of  the  state's  charitable  institu- 
tions and  of  the  reform  schools  shall  be  vested  in  a 
board  of  three  trustees,  to  be  appointed  by  the 
governor,  by  and  with  the  advice  and  consent  of 
the  senate.  No  qualification  as  to  sex  is  men- 
tioned. 

Rev.  Stat.,  p.  312,  Sec.  216.  State  Home  for 
Juvenile  Female  Offenders.  Two  trustees  out  of 
the  five  are  to  be  women.  Rev.  Stat.,  p.  204, 
Attorneys,  Sec.  I.  "No  person  shall  be 
refused  a  license  under  this  act  on  account  of 
sex." 

In  re  Bradwell,  55  Illinois  535  (1869),  it  was  held 
that  a  woman  was  not  eligible  as  attorney  without 
express  enactment.  (Obtained  in  1 87 1 .)  Position 
sustained  in  16  Wall.  130  (1872). 

Rev.  Stat.,  p.  1552.  Notaries  public.  Sec.  i. 
Citizens  and  residents.  They  are  appointed  on 
petition  of  fifty  voters  of  cities.  Sec.  2,  Rev.  Stat., 
1874,  p.  697,  and  Rev.  Stat.,  1909,  p.  1469,  Masters 
in  chancery.  No  qualifications. 


Indiana  35 

Schuchardt  vs.  People,  99  Illinois  501  (1881), 
holds  women  are  eligible  as  masters  in  chancery. 

Soldiers'  Widows'  Home,  Sec.  130  of  Ch.  23. 
Board  composed  of  two  G.  A.  R.  men  and  three 
"ladies  and  members  of  the  Woman's  Relief  Corps 
of  Illinois."  Women  are  in  fact  appointed  to 
many  offices  and  on  many  boards  where  there  is 
no  express  permission  to  appoint  women. 


INDIANA 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage.  Constitution,  Art.  II.,  Sec.  2. 
"In  all  elections  not  otherwise  provided  for  in 
this  Constitution  every  male  citizen  of  the  United 
States  .  .  .  (twenty-one  years  and  residents)  .  .  . 
and  every  male  of  foreign  birth,  of  the  age  of 
twenty-one  years  and  upwards,  who  shall  have 
resided  in  the  United  States  one  year  .  .  .  (and 
shall  have  declared  his  intention  to  become  a 
citizen)  .  .  .  shall  be  entitled  to  vote  in  the 
township  or  precinct  where  he  may  reside,  if  he 
shall  have  been  duly  registered  according  to  law. " 
The  legislature  cannot  change  the  qualification 
of  voters  as  fixed  by  the  Constitution.  Morris  vs. 
Powell,  125  Ind.  281.  Burns's  Annotated  Statutes, 
Sec.  6876.  "Every  male  citizen  of  the  United 
States  .  .  .  and  every  male  of  foreign  birth.  ..." 
Re-enacts  the  Constitution. 


36          Political  Status  of  Women 

Gougar  vs.  Timber! ake,  148  Ind.  38  (1897),  4^ 
N.E.  339,  holds  that  women  cannot  vote  under 
Constitution,  Art.  II.,  Sec.  2,  as  "that  which  is 
silent  ceases."  Distinguishes  In  re  Leach,  134 
Ind.  665,  which  construes  differently  exactly 
same  sort  of  phrase  (construing  Constitution, 
Art.  VII.,  Sec.  21)  in  regard  to  women  as  attor- 
neys. 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have  no 
form  of  special  stiff  rage. 

1.  School. — Superintendent  of  Public  Instruc- 
tion— elected  by  qualified  voters  of  the  State.— 
Annotated  Statutes,  Sec.  6293.    Common  Council  of 
cities  and  Board  of  Trustees  of  towns  shall  elect 
school  trustees. — Sec.  6477. 

2.  Municipal. — "In  all  municipal  elections  no 
other  qualifications  shall  be  required  of  any  voter 
than  such  as  are  made  necessary  in  general  elec- 
tions  under   the   constitution   and   laws   of   this 
state." — Annotated  Statutes,  Sec.  8884. 

3.  Local  option. — Petition  for  an  election  on 
question  by  twenty  per  cent,  of  the  "legal  voters" 
and  special  elections  then  held. — Laws  of  1908, 
Ch.2. 

Remonstrance  against  issuance  of  liquor  license 
must  be  signed  by  majority  of  "legal  voters"  of 
township,  or  ward. — Annotated  Statutes,  Sec. 
8332. 

OFFICE-HOLDING. — Women  have  very  wide  office- 


Indiana  37 

holding  rights  to  all  non-elective  positions.  Quaere 
as  to  their  rights  to  elective  office. 

"Women  are  hereby  declared  to  be  eligible  to 
any  office,  the  election  to  which  is  or  shall  be  vested 
in  the  general  assembly  of  this  state  or  the  appoint- 
ment to  which  is  or  shall  be  vested  in  the  governor 
thereof." — Annotated  Statutes,  Sec.  9607  (Laws 
of  1873,  p.  182). 

"Any  woman,  married  or  single,  of  the  age  of 
twenty-one  years  and  upwards,  and  possessing 
the  qualifications  prescribed  for  men,  shall  be 
eligible  to  any  office  under  the  general  or  special 
school  laws  of  this  state."— Sec.  6672  (i88i)-8. 

Qualifications  of  legislators. — They  must  be 
citizens  of  the  United  States. — Constitution,  Art. 
IV.,  Sec.  7. 

Qualifications  of  governor  and  lieutenant-gov- 
ernor.— Must  be  citizen  of  United  States  and 
resident. — Art.  V.,  Sec.  7.  Qualifications  of 
county  officer. — "No  person  shall  be  elected  or 
appointed  who  shall  not  be  an  elector  of  the 
county.  "—Art.  VI.,  Sec.  4. 

Board  of  managers  of  reform  school  for  girls' 
and  women's  prison  to  be  women. — Burns' s  Anno- 
tated Statutes,  1908,  Sec.  9930. 

"All  employees  females. — Sec.  9935." 

"Every  person  of  good  moral  character  being  a 
voter,  shall  be  entitled  to  admission  to  practise 
law  in  all  courts  of  justice." — Constitution,  Art. 
VII.,  Sec.  21. 


38         Political  Status  of  Women 

This  provision  does  not  prohibit  the  admission 
of  women  to  practise  law.  In  re  Leach,  134  Ind. 
665. 

Attorneys. — "Every  person  of  good  moral 
character  being  a  voter,"  i.e.,  follows  wording  of 
Constitution.  Sec.  997. 

Notaries  public  appointed  by  governor,  no  quali- 
fication.— Sec.  9531. 

Public  Library  Commission. — Appointed  by  gov- 
ernor, no  qualification. — Sec.  6645. 

State  Board  of  Charities. — Six  persons  appointed 
by  governor — women  are  eligible  as  the  words 
"his  or  her"  used. — Charities  (1899),  Sec.  3665. 

Board  of  County  Charities. — Six  persons,  "not 
more  than  four  of  whom  shall  be  men." — Sec.  3675. 


IOWA 

GENERAL  STATE   SUFFRAGE. — No   form  of  state 
women's  suffrage  exists. 

Constitution,  Art.  II.,  Sec.  i.  "Every  male 
citizen  of  the  United  States  of  the  age  of  twenty- 
one  .  .  .  (subject  to  certain  residence  qualifi- 
cations) .  .  .  shall  be  entitled  to  vote  at  all  elec- 
tions which  are  now  or  hereafter  may  be  authorized 
bylaw." 

SPECIAL  OR  LOCAL  SUFFRAGE. 

i.     Tax  and  bond  suffrage. — Women    have   a 


Iowa  39 

limited  form  of  tax-paying  suffrage  for  school  and 
municipal  purposes.  "At  all  elections  where 
women  may  vote,  no  registration  of  women  shall 
be  required;  separate  ballots  shall  be  furnished 
for  the  questions  on  which  they  are  entitled  to 
vote;  a  separate  ballot  box  shall  be  provided  in 
which  all  ballots  cast  by  them  shall  be  deposited, 
and  a  separate  canvass  thereof  made  by  the  judges 
of  the  election,  and  the  return  thereof  shall  show 
such  vote.  The  right  of  any  citizen  to  vote  at 
any  city,  town  or  school  election  on  the  question 
of  issuing  any  bonds  for  municipal  or  school 
purposes,  and  for  the  purpose  of  borrowing  money, 
or  on  the  question  of  increasing  the  tax  levy,  shall 
not  be  denied  or  abridged  on  account  of  sex."- 
Code,  Sec.  1131. 

"To  have  the  right  to  vote  at  a  school  meeting 
a  person  must  have  the  same  qualifications  as 
for  voting  at  a  general  election,  and  must  be  at  the 
same  time  an  actual  resident  of  the  corporation 
or  sub-district.  In  any  election  hereafter  held 
in  any  school  corporation  for  the  purpose  of  issu- 
ing bonds  for  school  purposes  or  for  increasing 
the  tax  levy,  the  right  of  any  citizen  to  vote  shall 
not  be  denied  or  abridged  on  account  of  sex,  and 
women  may  vote  at  such  elections  the  same  as 
men,  under  the  same  restrictions  and  qualifications 
as  far  as  applicable." — Sec.  2747. 

Registry  of  voters  of  school  corporation  having 
five  thousand  or  more  inhabitants,  divided  into 


40         Political  Status  of  Women 

precincts.     But  "nothing  in  this  section  shall  be 
construed  to  prohibit  women  from  voting  at  all 
elections  at  which  they  are  entitled  to  vote.  .  .  .  ' 
-Sec.  2755. 

Coggeshall  vs.  Des  Moines,  117  N.  W.  309 
(1908),  holds  that  women  are  entitled  to  vote  on 
proposition  to  build  city  hall  in  cities  of  fifty  thou- 
sand and  over,  since  issuing  bonds  is  an  integral 
part  of  proposition  to  build.  Also  holds  that  it 
is  not  unconstitutional  to  except  women  from 
registration  when  they  have  not  full  suffrage. 

2.  Municipal  and  county  suffrage. — Women 
have  no  municipal  suffrage  except  as  above  stated, 
and  do  not  have  the  tax  suffrage  except  in  muni- 
cipalities. 

Cities  are  incorporated  by  the  vote  of  the 
"qualified  electors.  " — Code,  Sees.  599-601. 

Board  of  supervisors  may  submit  to  "the 
people  of  the  county  at  any  regular  election,  or 
at  any  special  one  called  for  that  purpose,  the 
question  whether  money  may  be  borrowed  to 
aid  in  the  erection  of  any  public  building,  and  the 
question  of  any  other  local  or  political  regulations 
not  inconsistent  with  the  laws  of  the  State." — 
Sec.  443. 

Iowa  cities  are  recognized  under  the  general 
law  (Title  V.)  or  under  special  charter  (Title  V., 
ch.  14)  but  even  in  the  latter  the  city  elections 
are  under  the  general  election  laws. — Code,  Sec. 
936. 


Iowa  41 

OFFICE-HOLDING. — There  are  no  general  quali- 
fications as  to  office-holding  in  the  statutes,  but 
the  decisions  seem  to  hold  that  only  electors  may 
be  public  officers  in  the  absence  of  express  enact- 
ment. 

InState  vs.  Van  Beek,  87  Iowa  577  (1893),  the 
Court  says  as  follows:  "Our  first  inquiry  is 
whether  an  alien  can  hold  the  office  of  sheriff 
under  the  laws  of  Iowa.  There  is  no  provision 
in  our  constitution  or  statutes  upon  that  subject, 
yet  it  is  certainly  a  fundamental  principle  of  our 
government  that  none  but  qualified  electors  can 
hold  an  elective  office  unless  otherwise  provided. 
This  precise  question  was  passed  upon  in  State  vs. 
Smith,  14  Wis.  497. "  (N.B.— This  case  is  not  the 
same — it  requires  the  qualification  of  citizens  not 
electors.) 

Qualification  for  particular  offices:  "No  per- 
son shall  be  a  member  of  the  house  of  represent- 
atives who  shall  not  ...  be  a  male  citizen  of 
the  United  States."— Const.,  Art.  III.,  Sec. 

4- 

Senators  must  possess  the  qualification  of 
representatives  "as  to  residence  and  citizenship." 
-Sec.  5. 

"No  person  shall  be  eligible  to  the  office  of 
governor  or  lieutenant-governor  who  shall  not 
have  been  a  citizen  of  the  United  States  and  resi- 
dent of  the  state  two  years  next  preceding  the 
election.  ..."  No  constitutional  qualification  for 


42         Political  Status  of  Women 

judges,  attorney-general,  county  attorney. — Const., 
Art.  IV.,  Sec.  6. 

"In  counties  with  a  population  of  ten  thousand 
or  less,  the  same  person  may  hold  the  office  of 
county  recorder  and  county  treasurer  and  no 
person  shall  be  disqualified  on  account  of  sex 
from  holding  the  office  of  recorder. " — Code,  Sec.  493. 

"  A  school  officer  or  member  of  the  board  may 
be  of  either  sex,  and  must  at  the  time  of  election 
or  appointment  be  a  citizen  and  a  resident  of  the 
corporation  or  sub-district  and  over  twenty-one 
years  of  age,  and,  if  a  man,  he  must  be  a  qualified 
voter  of  the  corporation  or  sub-district." — Code, 
Sec.  2748. 

"The  county  superintendent,  who  may  be  of 
either  sex,  shall  be  the  holder  of  ...  a  first 
class  certificate.  .  .  .  '  —Sec.  2734. 

Huff  vs.  Cook,  44  Iowa  639  (1876),  holds  that 
there  being  no  constitutional  inhibition,  the 
Legislature  can  pass  a  law  making  the  office  of 
county  superintendent  of  schools  open  to  women, 
though  it  is  an  elective  office,  and  may  make  the 
law  ex  post  facto.  (The  inference  being  that  an 
elective  office  must  be  specially  declared  open.) 

Brown  vs.  McCollum,  76  Iowa  479  (1889),  holds 
that  the  law  which  makes  woman  eligible  as  county 
superintendent  of  schools  (16  G.  A.,  ch.  136,  Sec. 
i)  impliedly  repeals  Sec.  697  of  Code  which  pro- 
vides that  contestant  must  allege  that  he  is  an 
elector  of  the  county. 


Kansas  43 

City  officers. — "Every  mayor,  councilman-at- 
large,  town  councilman  and  officer  elected  by  the 
whole  electorate  of  the  city  or  town  or  by  its 
council  or  appointed  by  the  council,  mayor  or 
other  officer  of  any  city  or  town  shall  be  a  resident 
and  qualified  elector  of  the  city. " — Code,  Sec.  643. 
Same  of  councilman  or  other  officer  elected  by 
district  for  ward. — Sec.  644. 

Police  matrons  are  to  be  appointed  in  cities  of 
twenty-five  thousand  and  over. — Sec.  654. 

Notaries. — Governor  may  appoint  a  convenient 
number. — Sec.  373.  A  notary  public  is  a  public 
officer. — Keeney  vs.  Leas,  14  Iowa  644. 

Attorneys. — Only  qualification:  "Every  appli- 
cant .  .  .  must  be  at  least  twenty-one  years  of 
age,  of  good  moral  character  and  an  inhabitant 
of  this  state.  .  .  .  '  —Sec.  310. 

State  vs.  Pitkin,  114  N.  W.  550  (1908),  holds 
that  a  woman  may  act  as  clerk  of  the  grand  jury. 

State  insane  hospitals  are  under  five  trustees 
"two  of  whom  may  be  women. " — Code,  Sec.  2253. 


KANSAS 

GENERAL  STATE  SUFFRAGE. — Women  do  net  have 
general  state  suffrage. 

Const.,  Art.  V.,  Sec.  i.  "Every  (white)  male 
person  of  twenty-one  years  and  upwards  belong- 
ing to  either  of  the  following  classes  .  .  .  shall 


44          Political  Status  of  Women 

be  deemed  a  qualified  elector."  i.  Citizen  of 
the  United  States.  2.  Person  holding  first  citi- 
zen papers. 

Women  may  vote  for  school  district  treasurer 
without  violating  this  section  (construing  General 
Statutes,  Sec.  7405).  Wheeler  vs.  Brady,  15  Kan. 
26.  But  not  for  either  state  or  county  superin- 
tendent (construing  Const.,  Art.  V.,  Sec.  i,  and 
Art.  II.,  Sec.  23).  Winans  vs.  Williams,  5  Kan. 
227. 

Legislature  is  to  provide  for  equal  rights  of 
women  in  property  and  children. — Const.,  Art. 
XV.,  Sec.  6. 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have 
school  and  municipal  suffrage  in  cities,  and  school 
suffrage  in  non-municipal  districts. 

"The  legislature  in  providing  for  the  formation 
and  regulation  of  schools,  shall  make  no  distinction 
between  the  rights  of  males  and  females. " — Const., 
Art.  II.,  Sec.  23.  State  superintendent  is  men- 
tioned. He  is,  therefore,  a  constitutional  officer. 
County  superintendent  of  public  instruction 
mentioned;  is  to  be  elected  and  duties  prescribed 
by  law. — Const.,  Art.  VI.,  Sec.  I. 

General  Statutes  of  1909,  Sec.  733. — "That 
in  any  election  hereafter  held  in  any  city  of  the 
first,  second  and  third  class,  for  the  election  of  city 
or  school  officers,  or  for  the  purpose  of  authorizing 
the  issuance  of  any  bonds  for  school  purposes, 


Kansas  45 

the  right  of  any  citizen  to  vote  shall  not  be  denied 
or  abridged  on  account  of  sex,  and  women  may  vote 
at  such  elections  the  same  as  men,  under  like 
restrictions  and  qualifications;  and  any  woman 
possessing  the  qualifications  of  a  voter  under  this 
act  shall  also  be  eligible  to  any  such  school  or 
city  office." 

Cities  of  the  first  class. — "All  electors  qualified 
to  vote  for  municipal  officers,  including  both 
male  and  female,  are  hereby  deemed  and  declared 
legal  electors,  and  are  hereby  authorized  and 
qualified  to  vote  at  any  election  held  under  the 
provisions  of  this  act." — General  Statutes,  Sec. 

I075- 

Government  of  certain  cities  by  commission. — 
"In  all  elections  held  for  the  election  of  city  or 
school  offices,  or  for  the  purpose  of  authorizing 
the  issuance  of  any  bonds  for  school  purposes,  or 
other  public  improvement,  or  in  the  adopting  or 
rejection  of  this  act,  and  in  all  elections  held  under 
this  act,  the  right  of  any  citizen  to  vote  shall  not 
be  denied  or  abridged  on  account  of  sex,  and 
women  may  vote  at  such  elections  the  same  as 
men  and  under  like  restrictions  and  qualifications 
and  any  women  possessing  the  qualifications  of  a 
voter  under  this  act  shall  also  be  eligible  to  any 
such  city  or  school  office. " — Gen.  Stat.,  Sec.  1224. 

Cities  of  the  second  class. — "  In  all  elections  held 
under  this  act  for  the  election  of  city  officers  or 
for  the  purpose  of  authorizing  the  issuance  of  any 


46         Political  Status  of  Women 

bonds  for  school  purposes  or  for  other  public 
improvements,  the  right  of  any  citizen  to  vote 
shall  not  be  denied  or  abridged  on  account  of  sex, 
and  women  may  vote  at  such  elections  under  like 
restrictions  and  qualifications  as  men,  and  any 
woman  possessing  the  same  qualifications  required 
for  city  officers  under  the  provision  of  this  act 
shall  be  eligible  to  any  city  office." — Gen.  Stat., 
Sec.  1478. 

There  is  a  Board  of  Education  in  first  class 
cities  (Sec.  7555)  and  in  second  class  cities  (Sec. 
7578),  but  third  class  cities  are  under  district 
system  (Sec.  7629). 

District  officers. — Director,  clerk  and  treasurer, 
elected  at  annual  meeting. — Sec.  7443. 

Qualified  electors  at  district  meetings  are: 
First,  constitutional  electors  who  are  residents. 
Second,  "  All  female  persons  over  the  age  of  twenty- 
one  years,  not  subject  to  the  disqualifications 
named  in  Sec.  2,  Art.  V.,  of  the  Constitution  of  the 
State  and  who  shall  be  residents  in  good  faith  of 
the  district  for  thirty  days  next  prior  to  the  time 
of  offering  to  vote  at  third  election. " — Sec.  7405. 

State  vs.  Parry,  52  Kan.  i ,  33  Pac.  956. — Women 
cannot  vote  for  Justice  of  Peace  even  in  cities 
as  he  is  a  "township"  not  "city"  officer.  (Nor 
for  several  other  judicial  officers  on  same  ground.) 

OFFICE-HOLDING. — There  is  no  express  and  ap- 
pears to  be  no  implied  restriction  on  the  right  of 


Kansas  47 

women  to  hold  office  in  general,  although  some 
special  offices  are  barred. 

Governor. — No  qualifications. — Const.,  Art.  I., 
Sec.  103.  For  other  State  officers,  including 
Superintendent  of  Public  Instruction. — No  quali- 
fications. 

Members  of  legislature  must  be  "  qualified 
voters." — Const.,  Art.  II.,  Sec.  4. 

For  Judges. — No  qualifications. — Const.,  Art. 
III. 

Trustees  of  Public  Institutions,  appointed  by 
governor. — No  qualifications. — Const.,  Art.  VII., 
Sec.  I. 

For  school  and  municipal  officers. — "Any  woman 
possessing  the  qualifications  of  a  voter  under  this 
act  shall  also  be  eligible  to  any  school  or  city 
office." — Code,  Sec.  733.  Woman  is  eligible  to 
office  of  county  superintendent,  there  being  no 
express  or  implied  exclusion  in  section  of  Con- 
stitution creating  office. 

Office-holding  is  not  confined  to  electors  and 
there  is  a  presumption  in  favor  of  extending  it 
unless  non- voters  are  expressly  excluded.  Wright 
vs.  Noell,  1 6  Kan.  60 1. 

Government  of  certain  cities  by  commission. 
See  supra  for  qualification  of  officers. — Gen.  Stat., 
Sec.  1224. 

Cities  of  second  class. — See  supra  for  qualification 
of  officers. — Gen.  Stat.,  Sec.  1478. 

Third    class    cities. — "The    officers   elected    or 


48          Political  Status  of  Women 

appointed  under  this  act  shall  be  qualified  electors 
of  said  city  under  the  Constitution  and  laws  of 
this  State."— Gen.  Stat.,  Sec.  1521. 

Attorneys. — "Any  citizen  of  the  United  States." 
—Gen.  Stat.,  Sec.  429. 

Notaries  Public. — No  qualifications. — Gen.  Stat., 
Sec.  5453. 

Matron  compulsory  in  the  following  places: 
Detention  Home  (Gen.  Stat.,  Sees.  5121,  5123). 
In  Police  Department,  cities  first  class  (Sees. 
985-87).  Deaf  and  Dumb  Institution  (Sec.  8438). 
Boys'  Industrial  School  (Sec.  8654).  Girls'  Indus- 
trial School  (Sec.  8678).  "Provided  that  the 
superintendent,  matron,  teachers  and  attendants 
of  this  institution  shall  be  women." 

State  Board  of  Control.— "Three  electors  of 
the  state"  to  be  state  board  of  control  and  trus- 
tees of  all  state  institutions. — Gen.  Stat.,  Sec. 
7894. 

"Two  suitable  women"  are  to  be  appointed 
visitors  of  state  institutions. 

Probation  officers. — "Discreet  persons  of  good 
character." — Gen.  Stat.,  Sec.  5079.  Sec.  5101, 
same. 


KENTUCKY 

GENERAL    SUFFRAGE. — Women    have    no    state 
suffrage. 


Kentucky  49 

Const.,  Sec.  145.  "Every  male  citizen  of  the 
United  States  of  the  age  of  twenty-one  years  .  .  . 
shall  be  a  voter  in  said  precinct  and  not  else- 
where," except  convicts,  prisoners  and  insane 
persons. 

Russell's  Statutes,  Sec.  3992.  "  Every  male 
citizen  ..."  follows  Constitution  in  terms. 

SPECIAL  SUFFRAGE. — Women  have  a  very  limited 
school  suffrage. 

The  school  tax  is  to  be  levied  after  election  by 
"legislative  voters"  authorizing  same. — Rus.  Stat., 
56ioa~9. 

Election  of  trustees  of  common  school  district. 
"At  this  election  the  qualified  voters  of  the  dis- 
trict shall  be  the  electors;  and  any  widow  having 
a  child  between  six  and  twenty  years  of  age  and 
any  widow  or  spinster  having  a  ward  between 
the  ages  of  six  and  twenty  years,  may  also  vote.' ' 
-Sec.  5710.  (Ky.  Stat.,  4434.) 

This  section  is  construed  in  Ball  vs.  Cawood,  23 
Ky.  Law  Rep.  2315,  67  S.  W.  37,  to  forbid  vote 
of  divorced  wife  where  custody  of  children  not 
given  her  by  decree. 

Taxation  in  common  school  districts. — The  will 
of  the  people  to  be  taken  on  a  special  tax.  "Any 
widow  or  spinster  residing  in  any  school  district 
who  is  a  taxpayer  or  who  has  children  within  the 
ages  fixed  by  the  Common  School  Law  to  be 
educated,  shall  be  deemed  a  qualified  voter  under 


50         Political  Status  of  Women 

this  chapter. " — Sec.  5672.     Sustained  and  applied, 
Taylor  vs.  Sparks,  118  S.  W.  970  (1909). 

If  allowed  to  vote,  a  woman  is  presumed  to  have 
been  within  the  above  classes.  Sisk  vs.  Gardiner, 
25  Ky.  Law  Rep.  18,  74  S.  W.  686. 

School  districts  in  municipal  districts  under 
separate  charter  and  paying  special  local  tax. — 
Election  of  school  trustees  in  such  districts.  ' '  Any 
person  shall  be  eligible  to  this  office  of  school 
trustee  who  is  over  twenty-one  years  of  age  and 
who  has  been  a  resident  of  the  sub-district  for 
which  he  is  elected  sixty  days  before  the  election, 
and  who  is  able  to  read  and  write  as  shown  by  a 
certificate  of  five  reputable  citizens  of  the  sub- 
district,  and  all  male  persons  over  twenty-one 
years  of  age  who  have  resided  in  the  school 
sub-district  sixty  days  next  before  an  election 
shall  have  the  right  to  vote  at  such  election.  "- 
Laws  of  1910,  ch.  114,  amending  Laws  of  Mar. 
24,  1908. 

The  general  sections  on  graded  common  school 
districts  (Rus.  Stat.,  Sees.  4460-4500)  appoints  no 
special  qualifications  for  voting  and  therefore 
Sec.  5672  held  to  apply,  and  women  vote.  But 
act  of  1908  as  amended  (cf.  above)  on  graded  school 
districts  in  special  charter  municipal  districts 
with  special  tax  takes  them  out  of  the  general 
case  and  the  male  requirement  is  not  cancelled 
by  Sec.  5672.  Jeffries  vs.  Trustees  of  Columbia 
Graded  School,  122  S.  W.  813  (1909). 


Kentucky  51 

(N.B. — School  suffrage  in  second  class  cities  was 
repealed  in  1902,  leaving  women  only  suffrage  in 
country  districts.) 

OFFICE-HOLDING. — Women  are  held  not  eligible 
to  any  constitutional  office  but  may  occupy 
appointive  ones  and  school  offices,  etc. 

Women  are  not  eligible  to  offices  created  by  the 
Constitution.  (Here  jailer.)  Atchison  Co.  Judge 
vs.  Lucas,  Duncan  vs.  Same,  53  Ky.  451. 

Qualifications  for  particular  offices. — Legisla- 
tors, citizens  and  residents. — Const.,  Sec.  32. 
Governor,  resident  and  citizen. — Sec.  72.  Same, 
Lieutenant-governor. — Sec.  82.  Attorney-general 
must  be  an  attorney. — Sec.  92.  County  officers 
must  be  citizens  and  residents. — Sec.  100.  Judges, 
—citizens,  must  be  residents  and  attorneys.— 
Sec.  114.  Attorney.  "Any  person  over  the  age 
of  twenty-one  years." — Rus.  Stat.,  Sec.  4993. 
Notaries  Public.  No  qualifications. — Rus.  Stat., 
Sec.  2015.  A  married  woman  may  hold  the  office 
of  notary  public  since  it  is  created  by  statute 
and  not  by  the  Constitution.  Harbour  Shoe  Co. 
vs.  Dixon,  22  Ky.  Law  Rep.  1169,  60  S.  W.  168. 
County  superintendent  of  schools  must  be  citi- 
zen.— Rus.  Stat.,  Sec.  5618.  School  district  trus- 
tees, cf.  supra — Laws  of  1910,  ch.  114.  Board 
of  Control  of  charitable  institutions  is  to  be 
composed  of  four  citizens,  twenty-five  years  of 
age,  appointed  by  the  governor. — Rus.  Stat.,  Sec. 


52         Political  Status  of  Women 

5143.  Reform  schools,  boys  and  girls,  placed  un- 
der the  board  of  penitentiary  commissioners,  and 
trustees  thereof  abolished.— Sec.  5192,  Sec.  5199  n. 
(Women  had  been  on  the  board  of  the  Girls' 
School.)  Women  physicians  at  insane  asylums.— 
Sec.  4214. 


LOUISIANA 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage. 

"  Every  male  citizen  of  this  State  and  of  the 
United  States  .  .  .  shall  be  an  elector  and 
shall  be  entitled  to  vote  at  any  election  in  this 
State  by  the  people.  ..."  Subject  to  re- 
striction as  to:  I.  residence,  2.  registration,  3. 
educational  or  property  or  grandfather  clause, 
4.  poll  tax. — Const.,  Art.  197. 

(N.B. — No  re-enactment  of  clause  of  Constitu- 
tion in  qualification  of  electors.) 

Act  98,  1908 — Registration.  Repeats  Constitu- 
tion on  education,  property,  and  grandfather 
qualification. 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have  cer- 
tain rights  as  taxpayers  only. 

"Upon  all  questions  submitted  to  the  taxpayers 
as  such  of  any  municipal  or  other  political  sub- 
division of  this  state  the  qualifications  of  such 


Louisiana  53 

taxpayers  as  voters  shall  be  those  of  age  and 
residence  prescribed  by  this  article,  and  women 
taxpayers  shall  have  the  right  to  vote  at  all  such 
elections,  without  registration,  in  person  or  by  their 
agents  authorized  in  writing,  but  all  other  persons 
voting  at  such  elections  shall  be  registered  voters. " 
—Const.,  Art.  199. 

Revised  Laws.  Act  214,  1902,  p.  406.  Free 
Public  Schools.  "Be  it  further  enacted  that  all 
taxpayers  voting  at  said  election  shall  be  regis- 
tered voters,  except  women  taxpayers,  who  shall 
vote  without  registration.  All  taxpayers  entitled 
to  vote  shall  vote  either  in  person  or  by  their 
agents,  authorized  in  writing." — Sec.  21. 

A  school  tax  over  the  constitutional  limit  may 
be  allowed  if  submitted  to  the  property  taxpayers 
of  the  district. — Const.,  Art.  232. 

A  widow  in  order  to  vote  on  this  must  have  the 
amount  of  her  " community  property"  in  her 
husband's  estate  ascertained.  Smith  vs.  Parish 
Board,  52  So.  122  (Mar.,  1910). 

OFFICE-HOLDING. — Women  have  been  given  school 
offices  but  a  modification  of  the  Constitution  has 
made  their  holding  these  offices  probably  uncon- 
stitutional. "No  person  shall  be  eligible  to  any 
office,  state,  judicial,  parochial,  municipal,  or  ward, 
who  is  not  a  citizen  of  this  State,  and  a  duly 
qualified  elector  of  the  State,  judicial  district, 
parish,  municipality  or  ward,  wherein  the  func- 


54          Political  Status  of  Women 

tions  of  the  office  are  to  be  performed." — Const., 
Art.  210  (1908). 

"That  Art.  233  (232)  of  the  Constitution  of 
1879  of  the  State  of  Louisiana  is  hereby  declared 
operative,  and  women  over  twenty-one  years  of 
age  are  hereby  declared  eligible  to  any  office  of 
control  or  management  under  the  school  laws 
of  this  State." — Laws  of  1892,  p.  80,  ch.  57. 

(N.B. — Constitution  of  1898  contains  no  such 
clause  and  quaere  if  provision  is  now  constitu- 
tional under  Art.  210  of  1908,  cf.  supra.) 

Qualifications  for  particular  offices.  —  "  Every 
elector  under  this  Constitution  shall  be  eligible 
to  a  seat  in  the  House  of  Representatives  and 
every  elect  or  .  .  .  shall  be  eligible  to  the  Senate." 
— Const.,  Art.  24. 

Justices  of  the  Peace  must  be  "freeholders  and 
qualified  electors." — Const.,  Art.  126. 

State  Board  of  Charity,  composed  of  six  persons 
appointed  by  governor. — Const.,  Art.  295. 

State  Insane  Asylum.  Board  of  administrators 
composed  of  "eight  persons"  appointed  by  gover- 
nor.— Const.  (Sec.  1761,  Act  146,  1898). 

Factory  inspectors  appointed  by  mayor  and 
police  juries;  no  qualification  mentioned  here. — 
Amendment  to  Constitution  and  Revised  Laws 
(1904-1908),  p.  146. 

Women  actually  appointed  under  constitu- 
tional amendment  following:  Amendment  to  the 
Constitution,  Sec.  210  (passed  Nov.  1906)  v.  2, 


Maine  55 

p.  1960,  "to  allow  the  appointment  or  election 
to  office  of  factory  inspectors,  of  either  male  or 
female  persons.  ..." 

Attorney. — "Any  citizen  of  the  United  States 
possessing  the  qualification  (except  that  of  resi- 
dence) necessary  to  constitute  a  legal  voter  shall 
be  admitted  to  practise  .  .  .  '  law. — Revised 
Laws,  Sec.  in. 

Notary  public. — "Any  male  citizen  of  the  State 
may  be  appointed  a  notary  public." — Revised 
Laws,  Sec.  2503.  State  ex  rel  Davis  vs.  Police 
Jury  of  Webster  Parish,  45  So.  47  (1907).  A 
woman  acting  as  deputy  clerk  is  a  de  facto  officer 
and  her  acts  are  no  prejudice  to  party  in  suit  in 
issuing  writ. 


MAINE 

GENERAL  STATE  SUFFRAGE. — No  state  suffrage 
open  to  women. 

"Every  male  citizen  of  the  United  States  of 
the  age  of  twenty-one  years  and  upward,  except 
paupers,  persons  under  guardianship  and  Indians 
not  taxed  .  .  .  (residence)  .  .  .  shall  be  an  elec- 
tor for  governor,  senators  and  representatives,  in 
the  town  or  plantation  where  his  residence  is  so 
established." — Constitution,  Art.  II.,  Sec.  I. 

Revised  Statutes  of  1903,  p.  92.  Qualification 
and  registration  of  voters.  Sec.  2.  "Every  male 


56         Political  Status  of  Women 

citizen"  I.  who  had  right  to  vote  in  1893,  to- 
gether with,  2.  those  sixty  years  old,  and  3.  every 
male  citizen  (except  paupers,  persons  under  guard- 
ianship and  Indians)  who  can  intelligently  read  and 
write  "...  shall  have  the  right  to  vote  at  any 
national,  state,  city  or  town  election." 

SPECIAL  OR  LOCAL  SUFFRAGE. — There  is  no  civil 
special  suffrage. 

Separate  school  suffrage  does  not  exist  as  school 
officers  are  elected  at  town  meetings,  and  municipal 
suffrage  is  covered  by  the  previous  heading. 

Parishes  and  religious  societies. — "A  person  of 
either  sex,  of  lawful  age,  may  become  a  member  of 
a  parish  or  religious  society  by  vote  thereof  at  a 
legal  meeting." — Revised  Statutes,  Sec.  14,  p.  229. 

OFFICE-HOLDING. — Women  are  not  prohibited 
from  holding  any  office  except  by  inference  but 
the  trend  of  opinion  is  that  they  cannot  hold  con- 
stitutional offices. — Opinion  of  Justices,  62  Me. 
596. 

Qualifications  for  particular  offices : 

Representatives  "five  years  a  citizen  of  the 
United  States."— Const.,  Art.  IV.,  Sec.  4. 

Senators,  same. — Const.,  Art.  IV.,  pt.  2. 

Governor  must  be  "natural  born  citizen  of  the 
United  States.  "—Constitution,  Art.  V.,  Sec.  4. 

Secretary,  treasurer,  judges,  sheriffs,  mentioned 
in  constitution  without  qualification. 


Maine  57 

"No  person  shall  be  denied  admission  or  license 
to  practise  as  an  attorney  at  law  on  account  of 
sex." — Revised  Statutes,  p.  702,  Sec.  24  (L.  1899, 
c.98). 

Maine  Industrial  School  for  Girls,  under  six 
trustees,  two  of  whom  are  women. — Revised  Stat- 
utes, Sec.  20,  p.  1000. 

"Deeds  shall  be  acknowledged  by  the  grantors 
.  .  .  before  a  justice  of  the  peace  ...  or  woman 
otherwise  eligible  under  the  constitution  and  ap- 
pointed for  the  purpose  by  the  governor  with  the 
advice  and  consent  of  the  council.  .  .  ." — Revised 
Stat.,  p.  659,  Sec.  20. 

Held  constitutional,  although  a  woman  could 
not  be  appointed  a  notary  public  directly.  Opinion 
of  Justices,  62  Me.  596. 

Marriage  .  .  .  "The  governor  with  the  advice 
and  consent  of  the  council  may  appoint  women 
otherwise  eligible  under  the  constitution,  to  solem- 
nize marriages." — Revised  Statutes,  p.  574,  Sec. 
II.  Tenure  of  office.  "The  appointment  of  any 
woman  under  the  laws  of  the  state  to  solemnize 
marriages,  administer  oaths  and  take  acknowledg- 
ments of  deeds  shall  authorize  her  to  act  within 
every  county  of  the  state  and  shall  continue  for 
a  term  of  seven  years." — Revised  Statutes,  Sec. 
38,  p.  57- 

Clerks  of  the  town  may  appoint  a  deputy. 
"The  clerk  may  also  appoint  a  woman,  otherwise 
qualified  by  the  constitution,  who  in  his  absence 


58          Political  Status  of  Women 

may  so  far  act  as  deputy  clerk  as  to  receive  and 
record  chattel  mortgages  and  other  papers,  and 
make  certified  copies  of  the  records  in  the  clerk's 
office."— Revised  Stat.,  Sec.  18,  p.  73. 

Sec.  i  of  Salaries  of  Public  Officers,  requires 
four  assistants  at  Insane  Hospitals,  "one  of  whom 
shall  be  a  female ' '  and  a  matron  (p.  89 1 ) .  Govern- 
ment of  the  two  insane  hospitals  "vested  in  a  com- 
mittee of  seven  trustees,  one  of  whom  shall  be  a 
woman,"  appointed  by  the  governor. — Rev.  Stat., 
p.  1004,  Sec.  I,  Insane  Hospitals. 

Committee  of  the  council  consisting  of  two 
persons  "with  whom  shall  be  associated  one  wo- 
man, "  appointed  by  the  governor  to  visit  hospitals. 
P.  1009,  Sec.  30. 

"The  governor  .  .  .  may,  upon  the  written 
recommendation  of  any  judge  of  the  Supreme 
Court  appoint  competent  stenographers  of  either 
sex,  as  commissioners  to  take  depositions  in  all 
cases  .  .  .  who  shall  hold  office  for  four  years." 
—Revised  Statutes,  p.  867,  Sec.  30  (1885,  c. 

327). 

Jurors.  "Persons"  under  seventy  are  qualified 
to  serve  as  jurors.  Exemptions  do  not  include 
women. — Revised  Statutes,  p.  860,  Sees.  2, 

3- 

Towns.  "No  person  is  ineligible  to  the  office 
of  superintending  school  committee  on  account  of 
sex." — Revised  Stat.,  p.  208,  Sec.  29  (1897,  c.  327). 
(Elected  at  town  meetings.) 


Maryland  59 

MARYLAND 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage. 

"  Every  white  male  citizen  of  the  United  States 
.  .  .  shall  be  entitled  to  vote,  in  the  ward  or  elec- 
tion district  in  which  he  resides,  at  all  elections 
hereafter  to  be  held  in  this  State." — Constitution, 
Art.  I.,  Sec.  I. 

"Only  persons  constitutionally  qualified  to  vote 
in  the  precinct  at  the  next  election  and  personally 
applying  for  registration  shall  be  registered  as 
qualified  voters." — Public  Laws  of  1904,  Art.  33, 
Sec.  17. 

SPECIAL  OR  LOCAL  SUFFRAGE. — There  is  no  special 
suffrage  open  to  women  and  practically  no  form 
of  special  suffrage  except  municipal  in  the  state. 
—Constitution,  Art.  XI.,  Sec.  i.  Baltimore. 
Franchise  same  as  for  state  (cf.  also,  Baltimore 
Charter,  1898). 

(N.  B. — Municipal  suffrage  is  governed  by  the 
charter  of  each  municipality.  One  village — that 
of  Stillpond — allows  women  to  vote  under  its 
charter.) 

OFFICE-HOLDING. — Women  hold  no  office  except 
that  of  notaries.  They  are  expressly  excluded 
from  many  but  in  most  cases  there  is  nothing 
in  the  laws  to  exclude  them. 

Qualifications  for  particular  offices : 


60          Political  Status  of  Women 

Governor  must  be  a  citizen,  resident,  and 
"qualified  voter."— Const.,  Art.  II.,  Sec.  5. 

Senator  and  delegate  must  be  citizen  and 
resident.1 — Art.  III.,  Sec.  9. 

Judges  must  be  citizens  and  qualified  voters.— 
Art.  IV.,  Sec.  2. 

Attorney- General  must  be  citizen,  qualified 
voter,  and  attorney.  States  attorney  (in  each 
county)  must  be  resident  and  attorney. — Art.  V., 
Sec.  4. 

Treasurer  and  Controller. — No  qualifications. 
—Art.  VI. 

County  Commissioner,  Surveyor,  States  Lib- 
rarian, Commissioner  of  Land  Office,  Wreck 
Master.  No  qualifications. — Art.  VII. 

"Women  shall  be  permitted  to  practise  law  in 
this  state  upon  the  same  terms,  conditions  and 
requirements  and  to  the  same  extent  as  provided 
in  this  article  with  reference  to  men." — Public 
Laws,  Art.  10,  Sec.  4  (1902,  ch.  399). 

Notary  Public. — "Ten  women  in  other  respects 
qualified,  and  no  more,  shall  be  eligible  as  notaries 
public  in  the  city  of  Baltimore,  and  one  woman  .  .  . 
in  each  of  the  counties  of  the  state." — Art.  68, 
Sec.  10  (1902,  ch.  12,  1904,  ch.  15).  Sec.  n, 
validates  acts  of  female  notaries  public  previously 
done. 

State  Board  of  Education  appointed  by  gover- 
nor consists  of  six  members,  no  qualifications.— 
Art.  77,  Sec.  5. 


Massachusetts  61 

Governor  appoints  Board  of  County  School 
Commissioners,  six  members,  no  qualifications.— 
Sec.  6. 

District  school  trustees  appointed  by  County 
School  Commissioner.  No  qualifications. — Sec.  7. 

Governor  appoints  Superintendent  of  Public 
Education.  No  qualifications. — Sec.  18. 

Board  of  Library  Directors.  No  qualifications. 
—Sec.  98.  " Seven  discreet  persons"  shall  con- 
stitute Board  of  State  Aid  and  Charities. — Art. 
LXXXVIII.  a.  (88a)  (1900)  Sec.  I. 

Mayor  of  city  must  be  citizen,  resident,  and 
property  owner.  City  Council  must  be  citizens, 
residents,  and  property  owners. — Constitution, 
Amendments  to  Art.  XI. 


MASSACHUSETTS 

GENERAL  STATE  SUFFRAGE. — "  Every  male  citizen 
of  twenty-one  years  of  age  and  upwards  .  .  . 
shall  have  the  right  to  vote  in  such  election  of 
governor,  lieutenant-governor,  senators  and  re- 
presentatives ;  and  no  other  person  shall  be  entitled 
to  vote  in  such  election . ' '  Const . ,  Amendment  III. 
Amendment  XVII.  Secretary,  Treasurer,  Audi- 
tor, and  Attorney-General,  same  qualifications  as 
to  electors  as  Amendment  III.  The  word  voter 
in  Election  Law  shall  mean  "registered  male 
voter." — Revised  Laws,  ch.  II,  Sec.  I. 


62          Political  Status  of  Women 

Note    on    ch.    n,     Sec.     13    (Election    Law). 
"  Women  are  not  entitled  to  participate  in  or  vote 
at    caucuses    of  the  several  political  par  ties.  "- 
Opus  A.  G.,  Dec.,  1903,  An.  Reg.,  p.  60. 

SPECIAL  OR  LOCAL  SUFFRAGE. — The  only  special 
suffrage  possessed  by  women  is  the  school  suffrage. 

I.  School  suffrage. — "Every  male  citizen  of 
twenty-one  years  or  upwards,  not  being  a  pauper 
or  a  person  under  guardianship,  who  is  able  to 
read  the  constitution  of  the  Commonwealth  in 
the  English  language  and  to  write  his  name  and 
who  has  resided  within  the  Commonwealth  one 
year  and  within  the  city  or  town  in  which  he  claims 
a  right  to  vote  six  calendar  months  last  preceding 
a  state,  city  or  town  election  may  have  his  name 
entered  on  the  list  of  voters  in  such  city  or  town 
and  shall  have  the  right  to  vote  therein  in  any  such 
election  or  in  any  meeting  held  for  the  transaction 
of  town  affairs  upon  complying  with  the  provisions 
hereinafter  set  forth.  .  .  .  '  —Rev.  L.  1902,  ch. 
n,  Sec.  12. 

"Every  female  citizen  having  the  qualifications 
of  a  male  voter  required  by  the  preceding  section 
may  have  her  name  entered  upon  the  list  of  voters 
for  school  committee  upon  complying  with  the 
requirements  hereinafter  set  forth." — Sec.  13. 

Poll  tax.  Assessors  to  make  "true  lists  as 
nearly  as  they  can  ascertain  ...  of  every  male 
person  "  twenty  years  and  over  liable  to  be  assessed 


Massachusetts  63 

for  poll  tax  and  "  shall  enquire  at  the  residence  of 
women  voters,"  whose  names  are  on  the  lists 
"and  shall  make  a  true  list  of  women  voters  found 
by  them." — Sec.  15. 

(N.B. — Women  do  not  pay  poll  tax — Rev.  Laws, 
ch.  12,  Sec.  I.) 

The  registrar  of  voters  "shall  keep  in  general 
registers  records  of  all  persons,  male  and  female, 
registered  as  qualified  voters  in  the  city  or  town. " 
-Sec.  43. 

The  registrar  shall  enter  all  names  on  the  poll 
tax  assessment  .  .  .  "and  likewise  the  name  and 
residence,  as  aforesaid,  of  every  woman  voter 
whose  name  is  contained  in  the  list  of  women  voters 
transmitted  to  them,  as  provided  in  Sec.  16." 
Provided  they  can  identify  same  as  that  of  a  man 
or  woman  whose  name  was  on  the  voting  list  of 
city  or  town  at  last  preceding  election  or  town 
meeting. — Sec.  44. 

Every  person,  male  or  female,  whose  name  is  not 
so  entered  must  apply  in  person  and  prove  quali- 
fications.— Sec.  45.  Voting  list  is  made  up  from 
the  annual  register  of  voters.  "They  shall  enter 
the  names  of  women  voters  in  separate  columns  or 
lists.  "—Sec.  60. 

2.  Local  option. — The  city  may  at  its  annual 
town  meeting  vote  to  issue  licenses.  The  aldermen 
and  selectmen  "shall  insert  in  the  warrant  for 
the  annual  city  election  or  town  meeting  an  article 
providing  for  a  vote  upon  the  question.  .  .  ." — 


64          Political  Status  of  Women 

Sec.  10.  I.e.,  women  do  not  vote  on  this 
question. 

OFFICE-HOLDING. — The  general  theory  of  the 
Massachusetts  law  is  that  women  are  not  eligible 
to  constitutional  office  and  cannot  be  made  so 
even  by  statute.  It  makes  no  difference  that  there 
is  no  express  prohibition  in  constitution.  The 
constitution  to  be  interpreted  with  view  to  its 
historical  meaning.  Women  are  quite  liberally 
admitted  by  statute  to  non-constitutional  offices. 

Qualifications  for  particular  offices. — Governor 
must  be  "an  inhabitant  of  this  Commonwealth  for 
seven  years." — Const,  of  1870  with  amendments 
to  1902,  ch.  2,  Sec.  i. 

Lieutenant-governor,  inhabitant. — Sec.  2. 

Counsellor  must  be  an  inhabitant. — Amendment 
XVI. 

Notaries  Public  appointed  by  governor  in  same 
manner  as  judicial  officers  for  seven  years,  re- 
moved by  governor  on  address  of  both  houses  with 
consent  of  council. — Amendment  IV. 

"The  Governor,  with  the  advice  and  consent  of 
the  council,  may  appoint  women  who  are  twenty- 
one  years  of  age  as  special  commissioners  for  a 
term  of  seven  years.  Special  Commissioners  shall 
have  like  powers  as  justices  of  the  peace  to  ad- 
minister oaths,  take  depositions,  affidavits,  ac- 
knowledgments of  deeds  and  other  instruments, 
to  issue  summons  for  witnesses  and  to  appoint 


Massachusetts  65 

appraisers  in  all  cases.  They  shall  be  entitled  to 
like  fees  as  justices  of  the  peace  for  like  services." 
—Rev.  Law,  ch.  17,  Sec.  5. 

Special  Commissioners  may  take  acknowledg- 
ments of  deeds  for  record. — Ch.  127,  Sec.  8. 

(N.B. — Ch.  17  gives  notaries  less  duties  and 
powers  than  special  commissioners  and  makes  no 
qualifications  as  to  sex,  but  cases  hold  that  women 
cannot  be  notaries  public.) 

"A  woman  cannot  lawfully  be  appointed  justice 
of  the  peace." — In  re  Op.  of  Just.,  107  Mass.  604. 

The  law  allowing  the  appointment  of  women 
special  commissioners  with  the  power  to  adminis- 
ter oaths,  etc.,  does  not  show  the  intent  of  the 
legislature  that  women  shall  be  notaries  public. 
There  is  no  positive  qualification  in  law  or  con- 
stitution, but  Court  intimates  that  a  constitutional 
office  could  not  be  opened  to  women  by  statutes 
though  there  is  no  express  prohibition  in  Consti- 
tution. (In  re  Op.  of  Just.,  150  Mass.  586,  23 
N.  E.  850,  6  L.  R.  A.  842.) 

The  Constitution,  Art.  IV.,  does  not  authorize 
the  appointment  of  a  woman  as  a  notary  public 
even  if  statute  to  that  effect  passed,  (s.  c.  and 
165  Mass.  599,  43  N.  E.  927.) 

State  Board  of  Charities  composed  of  "nine 
persons,"  two  appointed  by  governor,  for  five 
years. — Rev.  Laws,  ch.  84. 

Woman  agent  to  be  employed. — Sec.  5. 

Governor  may  appoint  women  on  board  for 


66          Political  Status  of  Women 

the  following  reasons:  i.  Women  are  now  on  the 
subordinate  boards;  2.  there  is  no  settled  policy 
against  them  in  such  positions  as  in  case  of  at- 
torneys; 3.  "persons"  include  women. — Op.  of 
Just.,  136  Mass.  579. 

Town  Clerk. — The  assistant  town  clerk  may  be  a 
woman  and  may,  in  the  absence  of  the  clerk, 
"perform  his  duties  and  have  his  powers  and  be 
subject  to  the  requirements  and  penalties  appli- 
cable to  him."  Appointed  and  paid  by  clerk.— 
Rev.  L.,  ch.  25,  Sec.  62.  But,  town  may  elect  a 
clerk  pro  tern.  (This  may  be  a  woman.) 

County  Commissioners. — The  clerk  pro  tern  in 
counties  where  there  is  no  assistant  clerk  of  courts 
may  be  a  woman. — Rev.  Laws,  ch.  20,  Sec.  19. 

Boards  of  registration. — Board  of  Registration  in 
dentistry.  Five  persons,  male  or  female,  residents 
and  doing  business  in  the  Commonwealth,  skilled 
dentists,  to  examine  for  registration. — Rev.  Laws, 
ch.  76,  Sec.  24. 

(N.B. — Boards  of  registration  in  medicine  [Sec. 
i]  and  pharmacy  [Sec.  10]  make  no  mention  of 
sex.) 

Election  of  town  officers. — "Women  shall  be 
eligible  as  overseers  of  the  poor  and  school  com- 
mittee."— Rev.  Laws,  ch.  n,  Sec.  334. 

Women  may  be  school  committee,  as  that 
office  is  not  a  constitutional  one. — Opinion  of 
Justices,  115  Mass.  662  (1874). 

Police    matrons    required    in    cities    of    thirty 


Massachusetts  67 

thousand  inhabitants. — Rev.  Laws,  ch.  108,  Sec. 
32. 

Inspection  department  of  the  district  police 
"consists  of  thirty- three  male  and  two  female 
members,"  and  a  chief.  Appointed  by  the 
governor  for  three  years. — Id.,  Sec.  i.  (Duties, 
inspect  factories,  public  buildings,  steam  boilers, 
employment  of  women  and  children,  etc.) 

1902.  "No  one  shall  be  deemed  ineligible  to 
hold  the  office  of  weigher  of  coal  in  any  city  or 
town  by  reason  of  sex." — Ch.  57,  Sec.  83a. 
(Appointed  by  mayor  and  council  of  each 
town.) 

Registers  of  deeds.  "Register  may,  subject  to 
the  approval  of  the  superior  court,  appoint  an 
assistant  register  of  deeds,  who  may  be  a  woman, 
who  shall  give  bond  in  the  same  manner  as  the 
register,  who  shall  be  removable  at  his  pleasure 
and  for  whose  official  acts  he  shall  be  respon- 
sible." — Revised  Laws,  ch.  22,  Sec.  8. 

Libraries.  Town  to  elect  library  trustees,  male 
or  female.  Any  number  divisible  by  three.— 
Ch.  38,  Sec.  7. 

Official  Boards  appointed  by  governor. 

State  Industrial  School  for  Girls  and  Lyman 
School  for  Boys.  Two  out  of  seven  members  of 
board  to  be  women. — Ch.  86. 

Two  out  of  the  seven  members  of  the  boards  of 
the  various  state  insane  institutions  to  be  women. 
-Ch.  87. 


68          Political  Status  of  Women 

State  Hospital  and  State  Farm.  Two  out  of 
seven  on  boards  to  be  women. — Ch.  85. 

Registers  of  Probate  and  Insolvency. — In  Bristol, 
Berkshire,  Franklin,  Hampden,  and  Hampshire 
counties  the  judges  of  the  county  may  appoint 
woman  assistant  register  of  probate  and  insol- 
vency.— Revised  Laws,  ch.  164,  Sec.  17. 

Justice  of  the  superior  judicial  court  may  appoint 
woman  assistant  clerk  of  court  in  Hampden 
county. — Ch.  165,  Sec.  4. 

Attorneys. — "A  citizen  of  the  United  States  or 
an  alien  .  .  .  (first  papers)  .  .  .  whether  man  or 
woman,  may  ..."  petition  to  be  examined  for 
admission  to  the  bar. — Ch.  165,  Sec.  41. 

Probation.  The  Chief  Justice  of  the  Municipal 
Court  may  appoint  in  the  City  of  Boston  "not 
more  than  five  male  and  two  female  assistant  pro- 
bation officers." — Rev.  Stat.,  ch.  217,  Sec.  81. 

1905,  (added).     Justice  of  the  Municipal  Court 
of  South  Boston  and  of  Roxbury  may  appoint  one 
female  assistant  probation  officer. 

1906,  (added).     Justice  of  the  third  district  of 
city  or  East  Middlesex  may  appoint  one  female 
assistant  probation  officer. 

Civil  Service.  "Nothing  herein  shall  prevent 
the  certification  and  employment  of  women. ' '  (At 
end  of  section  placing  veterans  at  head  of  lists.)— 
Revised  Laws,  ch.  19,  Sec.  21. 

"An  assistant  clerk  of  courts  under  the  provi- 
sions of  Sec.  7  of  ch.  165  of  the  Revised  Laws  or 


Michigan  69 

under  the  provisions  of  ch.  287  of  the  acts  of  1904 
may  be  a  woman." — Acts  and  Resolves  1907,  ch. 

234. 

Sec.  80  of  ch.  13  of  the  Rev.  Laws  amended  by 
adding  "Any  such  deputy  may  be  a  woman." 
(Authorized  appointment  of  deputy  tax  col- 
lectors.)— Acts  and  Resolves,  1908,  ch.  247. 

Women  may  be  appointed  assistant  clerks  in 
police,  district,  or  municipal  courts.  Appointed 
by  the  clerk  with  the  approval  of  the  justice. — 
Acts  and  Resolves,  1909,  ch.  289. 


MICHIGAN 

GENERAL    SUFFRAGE. — Women    have    no    state 
suffrage. 

"In  all  elections  every  male  inhabitant  of  this 
state,  being  a  citizen  of  the  United  States  .  .  . 
every  male  inhabitant  of  foreign  birth  .  .  .  (who 
has  declared  his  intention  to  become  a  citizen)  .  .  . 
every  civilized  inhabitant  of  Indian  descent  .  .  . 
shall  be  an  elector  and  entitled  to  vote." — Const., 
Art.  VII.,  Sec.  i. 

SPECIAL  SUFFRAGE. — Women  have  school  suffrage 
and  municipal  taxpaying  suffrage. 

i.  Municipal  taxpaying  suffrage. — Women  do 
not  vote  in  ordinary  municipal  elections.  Com- 
piled Laws,  ch.  8 1  (Towns),  Sec.  2381.  "Each 


70         Political  Status  of  Women 

inhabitant  of  any  township  having  the  qualifi- 
cations of  an  elector  as  specified  in  the  constitution 
of  this  state,  and  no  other  person,  shall  have  the 
right  to  vote  on  all  matters  and  questions  before 
any  township  meeting.  ..." 

Villages  are  incorporated  on  petition  of  thirty 
"legal  voters."— Ch.  87  (Villages),  Sec.  2686. 

Question  of  incorporation  voted  on  by  electors 
qualified  to  vote  for  township  officers. — Sec.  2694. 

Women  have  the  vote  when  the  question  involves 
spending  money. — Comp.  Laws,  ch.  28  (Cities), 
Sec.  2958.  Any  one  hundred  or  more  freeholders 
may  present  petition  to  incorporate  village  or 
fourth  class  city. — Sec.  2960.  Question  to  be 
voted  on  by  ' '  village  electors. ' ' — Sec.  2980.  ' '  The 
inhabitants  of  cities  having  the  qualifications  of 
electors  under  the  Constitution  of  the  State,  and 
no  others,  shall  be  electors  therein."  Cf.  in 
municipal  suffrage  also  Coffin  vs.  Thompson,  infra. 

At  any  election  in  any  village,  city,  township, 
county  or  school  district,  every  woman  who  pos- 
sesses the  qualifications  of  male  electors  and  has 
property  assessed  for  taxes  in  the  city,  village,  etc., 
shall  be  entitled  to  vote  on  any  question  involving 
the  direct  expenditure  of  public  money  or  the 
issue  of  bonds.  Sec.  2  extends  same  right  to 
women  who  own  property  jointly  with  their 
husbands  or  on  contract.  For  all  elections  other 
than  school  elections  women  who  vote  must  be 
registered. — Laws  of  1909,  No.  206,  Sees,  i,  2. 


Michigan  71 

2.  School  suffrage. — Regents  of  the  University, 
elected  with  judges. — Const.,  Art.  XIII.,  Sec.  6. 

Board  of  Education,  elected  at  the  general 
election. — Sec.  9.  (Comp.  Laws,  Sec.  3708,  same.) 
These  are,  therefore,  constitutional  offices  and 
out  of  the  reach  of  any  statutory  extension  of  the 
school  suffrage  to  women. 

Act  138  of  1893  conferring  on  women  the  right 
to  vote  for  all  school,  village,  and  city  officers 
declared  unconstitutional  in  Coffin  vs.  Thompson, 
97  Mich.  189,  56  N.  W.  567,  construing  Const., 
Art.  XV.,  Sec.  14. 

Const.,  Art.  XV.,  Sec.  14.     "Judicial  officers  of 

cities  and  villages  shall  be  elected  and  all  other  of- 
ficers shall  be  appointed  or  elected  at  such  times 
and  in  such  manner  as  the  Legislature  may  direct. " 

But  voters  at  school  meetings  never  considered 
identical  with  electors  as  defined  in  the  constitu- 
tion, and  the  school  offices  which  the  constitution 
directs  the  Legislature  to  create  may  be  made 
elective  by  women. — Belles  vs.  Burr,  76  Mich.  I. 

The  election  of  a  Board  of  Education  at  annual 
charter  election  does  not  make  such  election  a 
school  district  meeting  under  Sec.  4662  to  give 
women  the  right  to  vote  thereat. — Mudge  vs. 
Stebbins,  59  Mich.  165. 

In  all  school  elections  every  citizen  of  the  United 
States  of  the  age  of  twenty-one  years,  male  or 
female,  who  owns  property  which  is  assessed  for 
taxes  in  the  district  or  who  is  the  parent  or  guard- 


72         Political  Status  of  Women 

ian  of  any  child  of  school  age  residing  in  the 
district  three  months  shall  be  a  qualified  voter. 
When  husband  and  wife  own  such  property 
jointly  each  may  vote. — Comp.  Laws,  Sec.  4662 
(as  amended  by  Laws  of  1909,  ch.  II.,  No. 
83). 

Qualified  electors  may  change  organized  town- 
ship into  single  school  district. — Laws  of  1909, 
No.  117,  Sec.  i.  Qualification  of  voters  here 
same  as  1903,  No.  83,  supra. 

OFFICE-HOLDING. — Women  are  not  expressly  ex- 
cluded from  office  in  general  and  only  from  a  few 
in  particular,  though  the  tendency  is  to  confine 
them  to  administrative  office. 

Under  Const.,  Art.  X.,  Sec.  3,  providing  that 
the  prosecuting  attorney  be  elected,  the  electors 
cannot  choose  a  person  not  of  their  number 
without  express  enactment  permitting  it,  there- 
fore a  woman  is  not  eligible.— Attorney-General 
vs.  Abbott,  121  Mich.  540,  80  N.  W.  372. 

Qualifications  for  particular  offices. — Senators 
and  representatives  must  be  citizens  and  qualified 
electors. — Const.,  Art.  IV.,  Sec.  5. 

Governor  and  lieutenant-governor,  citizen  and 
resident. — Art.  V.,  Sec.  2. 

Jurors. — "  Suitable  persons  having  the  qualifica- 
tions of  electors." — Art.  V.,  Sec.  2. 

Attorneys. — "No  person  shall  be  denied  admis- 
sion to  practise  as  an  attorney  and  counsellor  at 


Michigan  73 

law  and  solicitor  and  counsellor  in  chancery  on 
account  of  sex." — Compiled  Laws,  Sec.  1122. 

Cities  and  Towns.  "No  person  except  a  citizen 
of  the  United  States  and  an  elector  as  aforesaid 
shall  be  eligible  to  any  elective  office  contemplated 
in  this  chapter.  Provided,  however,  that  any 
female  person  above  the  age  of  twenty-one  years 
who  has  resided  in  this  state  six  months  and  in  the 
township  twenty  days  next  preceding  an  election 
shall  be  eligible  to  the  office  of  school  inspector." 
—Compiled  Law,  Sec.  2382. 

"No  person  shall  be  elected  or  appointed  to  any 
office  unless  he  be  an  elector  of  the  city." — Sec. 
2996. 

Any  qualified  voter  in  a  school  district  whose 
name  appears  upon  the  assessment  roll  and  who  is 
the  owner  in  his  own  right  of  the  property  assessed 
shall  be  eligible  to  office  in  the  school  district.  Also 
where  property  is  the  joint  property  of  husband 
and  wife  both  shall  be  eligible. — Laws  of  1909, 
No.  83,  ch.  III. 

Qualifications  for  office  in  township  school 
district  the  same.  Township  officers  are  to  be 
five  trustees. — Laws  of  1909,  No.  117. 

Insane  Asylums.  Board  appointed  by  Governor, 
no  qualification. — Comp.  Laws,  Sec.  1893. 

Women  physicians  in  Insane  Hospitals,  Indus- 
trial Homes,  Feeble-minded  Home,  School  for 
Deaf  and  Blind,  and  all  similar  institutions.— 
Laws  of  1899,  No.  185,  Sec.  i. 


74         Political  Status  of  Women 

Board  of  directors  appointed  by  governor, 
without  qualifications,  for  School  for  Deaf  (Ch. 
70) ;  Blind  (Sec.  2009) ;  State  Public  School  (Sec. 
2021);  Feeble-minded  Home  (Sec.  2036). 

Board  of  Industrial  Home  for  Girls  to  be  "  three 
persons  at  least  one  of  whom  shall  be  a  woman.  "- 
Comp.  Laws,  Sec.  2218. 

State  Board  of  Charities  and  Corrections  to  be 
"four  suitable  persons,  resident  of  the  state. "- 
Sec.  2250. 

"Governor  may  appoint  one  or  more  suitable 
females"  to  inspect  state  institutions  in  behalf  of 
the  State  Board  of  Charities. — Sec.  2259. 

Police  matrons  in  cities  of  ten  thousand  or 
more.  To  be  recommended  for  appointment  by 
twenty  women. — Sec.  3452. 

"At  least  one  deputy  factory  inspector  shall  be 
a  woman." — Laws  of  1901,  No.  113,  Sec.  12. 

Notaries  Public. — "No  person  shall  be  eligible 
to  receive  such  an  appointment  unless  he  or  she 
shall  be  ...  of  the  age  of  twenty-one  years,  a 
resident  of  the  county  for  which  he  or  she  desires 
to  be  appointed  notary  public  and  a  citizen  of 
this  State." — Comp.  Laws,  Sec.  2629. 

Woman  school  inspector.  Court  declined  to 
pass  on  the  question  of  her  eligibility  as  the  board 
acted  by  majority  in  this  instance  whether  she 
voted  or  not. — Donough  vs.  Dewey,  82  Mich.  309. 

Woman  may  be  appointed  a  deputy  county 
clerk  as  duties  are  purely  ministerial. — Wilson  vs. 


Minnesota  75 

Newton  and  Wilson  vs.  Genesee  Circuit  Judge,  87 
Mich.  493  and  49  N.  W.  869. 


MINNESOTA 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage. 

Const.,  Art.  VII.,  Sec.  i. — "Every  male  person 
of  the  age  of  twenty-one  years  or  upwards  belong- 
ing to  either  of  the  following  classes  .  .  .  shall  be 
entitled  to  vote  at  such  (any)  election."  I. 
Citizens  of  the  United  States;  2.  Half-breeds, 
civilized;  3.  Indians,  if  admitted  by  court. 

"  Every  person  qualified  as  a  voter  may  regis- 
ter. .  .  ." — Revised  Statutes,  1905,  Sec.  192. 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have  the 
school  suffrage,  apparently  complete  but  actually 
much  curtailed  by  decisions. 

' '  Women  may  vote  for  school  officers  and  mem- 
bers of  library  boards,  and  shall  be  eligible  to  hold 
any  office  pertaining  to  the  management  of  schools 
and  libraries.  Any  woman  of  the  age  of  twenty- 
one  years  and  upward  and  possessing  the  qualifi- 
cations requisite  to  a  male  voter  may  vote  at  any 
election  held  for  the  purpose  of  choosing  any  officer 
of  schools  or  any  member  of  library  boards,  or 
upon  any  measure  relating  to  schools  or  libraries, 


76         Political  Status  of  Women 

and  shall  be  eligible  to  hold  any  office  pertaining 
to  the  management  of  schools  and  libraries." — 
Const.,  Art.  VII.,  Sec.  8. 

Separate  ballot  box  to  be  provided  where  women 
entitled  to  vote. — Rev.  Stat.,  Sec.  256. 

Formation  of  school  district  on  petition  of 
"majority  of  freeholders  qualified  to  vote  for 
school  officers." — Rev.  Stat.,  Sec.  1281. 

Consolidation  of  school  districts  to  be  by  election 
on  petition  of  "majority  of  resident  freeholders 
qualified  to  vote  at  school  meetings. " — Rev.  Stat., 
Sec.  1289,  I29°>  1291. 

State  ex  rel  Hahn  vs.  Gorton,  33  Minn.  345 
(1885),  holds,  that  County  Superintendent  of 
Schools  is  an  office  under  Constitution,  Art.  VII., 
Sec.  8,  and  women  are  eligible — i.  e.,  Sec.  8  of  the 
Constitution  takes  women  and  school  offices  out 
of  the  operation  of  Sec.  7,  which  would  deny  them 
both  the  vote  (in  conjunction  with  Sec.  i)  and 
office.  But  women  cannot  vote  for  county  officers 
at  general  election  (as  here  County  Superintendent 
of  Schools),  only  at  school  election. 

Town  superintendent  elected  at  town  meeting 
(i.e.,  women  cannot  vote) .  County  Superintendent 
of  Public  Instruction  elected  at  general  county 
election. — Supplement  of  1909,  Sec.  1388. 

OFFICE-HOLDING. — Women  are  eligible  to  school 
offices  and  to  appointive  but  not  to  elective 
offices. 


Minnesota  77 

"  Every  person  who  by  the  provisions  of  this 
article  shall  be  entitled  to  vote  at  any  election, 
shall  be  eligible  to  any  office  which  now  is  or 
hereafter  shall  be  elective  by  the  people  in  the 
district  wherein  he  shall  have  resided.  .  .  . " — 
Const.,  Art.  VII.,  Sec.  7. 

School  offices. — See  supra,  Const.,  Art.  VII.,  Sec. 
8,  and  State  ex  rel  Hahn  vs.  Gorton,  supra. 

"Any  woman  who  is  a  citizen  of  this  state  is 
eligible  to  appointment  as  a  deputy  of  any  county 
official  authorized  by  law  to  appoint  deputies." — 
Rev.  Stat.,  Sec.  616. 

Attorneys. — Word  "persons"  used,  there  is  no 
sex  qualification. — Supplement,  Sec.  2279. 

Notaries  Public. — Governor  appoints  "citizens 
of  this  State." — Supplement,  Sec.  2656. 

Probation  officer,  no  qualifications. — Supple- 
ment, Sec.  5496. 

Matron  for  every  lockup  where  women  are 
confined. — Sec.  5490. 

State  Board  of  Control  and  Charities  to  be 
three  members  appointed  by  governor,  no  quali- 
fications.— Rev.  Stat.,  Sec.  1858. 

Insane  hospitals.  "The  board  when  it  deems 
proper  may  appoint  a  competent  woman  to  visit 
and  report  upon  any  such  hospital  or  asylum." — 
Rev.  Stat.,  Sec.  1878. 

Bureau  of  Labor.  "Commissioner  of  Labor  is 
hereby  authorized  and  directed  to  appoint  .  .  . 
a  competent  woman  as  a  special  inspector  .  .  . 


78         Political  Status  of  Women 

to  examine  factories  where  women  work." — 
Supplement,  Sec.  1792,  Sub-div.  2. 

"There  shall  be  appointed  by  Commissioner  of 
Labor  a  competent  woman  to  act  as  assistant 
Commissioner  of  Labor  and  such  women  factory 
inspectors  as  may  be  necessary." — Supplement, 
Laws  of  1909,  ch.  497,  Sec.  2. 

Trautman  vs.  McLeod,  76  N.  W.  964  (1898), 
74  Minn.  no.  The  provision  of  General  Statute 
(1894)  Sec.  3665,  giving  women  eligibility  to  offices 
pertaining  to  management  of  schools,  did  not 
repeal  provision  of  special  act  incorporating  the 
town  of  " Reads"  and  making  town  trustees 
school  trustees,  so  that  in  that  town  at  least  women 
cannot  actually  vote  for  school  trustees. 


MISSISSIPPI 

GENERAL  SUFFRAGE. — Women  have  no  form  of 
state  suffrage. 

"Every  male  inhabitant  of  this  state,  except 
idiots,  insane  persons  and  Indians  not  taxed, 
who  is  a  citizen  of  the  United  States  ...  is 
declared  a  qualified  elector." — Const.,  Art.  XII, 
Sec.  241. 

SPECIAL  SUFFRAGE. — Women  have  only  a  very 
limited  form  of  school  suffrage. 

i .     School  suffrage. — Meeting  of  ' '  patrons  of  the 


Mississippi  79 

school"  to  elect  trustees.  Hold-over  trustees  to 
prepare  list  of  "patrons  entitled  to  vote  for  trus- 
tees." (Except  in  separate  school  district,  i.  e., 
cities.) — Code,  Sec.  4519. 

Under  this  a  widow  gets  a  vote. 

In  separate  school  district,  i.e.,  cities,  trustees 
are  chosen  by  mayor  and  aldermen. — Code,  Sec. 
4526. 

In  separate  school  district  with  no  municipal 
organization,  on  petition  of  majority  of  taxpayers 
Board  of  Supervisors  shall  levy  tax  for  school.— 
Code,  Sec.  4531. 

(County  superintendent  appointed  by  state 
superintendent,  Sec.  4511.) 

2.  County  and  municipal  suffrage. — Women  are 
entirely  excluded  from  this. 

"Electors  in  municipal  elections  shall  possess 
all  the  qualifications  herein  prescribed  and  such 
additional  qualifications  as  may  be  provided  by 
law."— Const.,  Art.  XII.,  Sec.  245. 

Electors  of  municipality  are  to  be  same  as  elec- 
tors of  county. — Code,  Sec.  3434. 

3.  Taxpaying  suffrage. — If  "twenty  per  cent, 
of  adult  taxpayers"  of  city  shall  petition  against 
the  issue  of  bonds  by  the  city  they  shall  not  issue. 
—Code,  Sec.  3419. 

4.  Local   option. —  Election    by   the   qualified 
voters  of  the  county  must  be  held  upon  petition 
of  one  third  of  the  same. — Code,  Sec.  1777. 

5.  Miscellaneous. — Two  thirds  of  the  resident 


8o         Political  Status  of  Women 

freeholders   and  leaseholders   may   vote   to   put 
stock  law  in  force. — Sec.  2235. 

OFFICE-HOLDING. —  Women  hold  no  office,  except 
that  of  state  librarian. 

"All  qualified  electors  and  no  others  shall  be 
eligible  to  office,  except  as  otherwise  provided  in 
this  Constitution." — Const.,  Art.  XII.,  Sec.  250. 

Qualifications  for  particular  offices. — Senators 
and  representatives  must  be  qualified  electors.— 
Const.,  Art.  IV.,  Sec.  41. 

Governor,  citizen  and  resident. — Const.,  Art.  V., 
Sec.  117. 

Lieutenant-Governor,  same. — Sec.  128.  Secre- 
tary of  State,  same. — Sec.  133. 

Various  judicial  officers,  residents  and  citizens. 
—Const.,  Art.  V.,  Sees.  150-171. 

State  Superintendent  of  Public  Education's 
qualifications  are  the  same  as  those  of  Secretary 
of  State.— Const.,  Art.  VIII.,  Sec.  202.  Qualifica- 
tions of  the  County  Superintendent  to  be  pre- 
scribed by  law. — Sec.  204. 

Grand  and  petit  jurors,  "qualified  electors. "- 
Const.,  Art.  XIII.,  Sec.  264. 

State  Librarian. — "Any  woman,  a  resident  of 
the  state  four  years,  and  who  has  attained  the 
age  of  twenty  years,  shall  be  eligible  to  said  office." 
—Const.,  Art.  XII.,  Sec.  106. 


Missouri  81 

MISSOURI 

GENERAL  STATE  SUFFRAGE. — Const,  of  1875,  Art. 
VIII.  "Every  male  citizen  of  the  United  States 
and  every  male  person  of  foreign  birth  .  .  .  pos- 
sessing the  following  qualifications  shall  be  en- 
titled to  vote  at  all  elections  by  the  people  ..." 
(residence  qualifications). 

Const,  of  1875.  Does  not  violate  United  States 
Constitution,  Amendment  XIV.,  in  denying  vote 
to  women. — Minor  vs.  Happersett,  53  Mo.  58. 
Affirmed,  21  Wall  162. 

Annotated  Statutes  of  1906,  Sec.  6994.  Qualifi- 
cation of  voters. — "Every  male  citizen  ..."  etc.; 
follows  constitution  except  adds  exclusion  of  felons 
and  paupers.  Held  constitutional. — Hale  vs.  Stim- 
son,  95  S.  W.  885. 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have  no 
limited  suffrage. 

I.  School.— Const,  of  1875,  Art.  X.,  Sec.  n.— 
"Rate  for  school  may  be  increased  on  vote  of 
majority  of  the  voters  who  are  taxpayers." 

Const,  of  1875,  Art.  XL,  Sec.  4.— Board  of  Edu- 
cation, composed  of  Superintendent  of  Public 
Schools,  Governor,  etc. 

An.  Stat.,  Sec.  9750. — Annual  meeting  of  school 
district,  "qualified  voters"  alone  eligible. 

An.  Stat.,  Sec.  9759. — District  directors,  qualified 
voters  elected  by  qualified  voters. 


82         Political  Status  of  Women 

"A  qualified  voter  .  .  .  shall  be  any  person 
who  under  the  general  laws  of  this  state  would  be 
allowed  to  vote  in  the  county  for  state  and  county 
officers.  ..." 

2.  Municipal  suffrage. — An.  Stat.,  Sec.  5265.— 
Municipalities  of  the  First  Class.  "Every  male 
citizen"  may  vote;  follows  Constitution  wording. 

OFFICE-HOLDING. — A  woman  is  eligible  to  any 
office  from  which  she  is  not  expressly  excluded. 

Const,  of  1875,  Art.  VIII.,  Sec.  12.— "No 
person  shall  be  elected  or  appointed  to  any  office 
in  this  State,  civil  or  military,  who  is  not  a  citizen 
of  the  United  States,  and  who  shall  not  have  re- 
sided in  this  State  one  year  next  preceding  his 
election  or  appointment." 

"  A  woman  is  eligible  to  any  office  if  there  is  no 
provision  in  the  Constitution  or  Statutes  expressly 
requiring  the  incumbent  to  be  a  male  and  an  intent 
to  so  require  is  not  shown  by  the  use  of  the  word 
'his'  in  this  section." — State  ex  rel  Crow  vs. 
Hostetter,  137  Mo.  636,  39  S.  W.  270. 

(Office  of  Clerk  of  County  Court  under  dis- 
cussion in  case.) 

An.  Stat.,  Sec.  5300. — All  elected  and  appointed 
officers  shall  possess  the  following  qualifications. 
They  shall  be:  I.  citizens;  2.  able  to  read  and 
write;  3.  have  taxes  paid;  4.  not  interested  in 
municipal  contracts;  5.  hold  no  other  office. 

Const,  of  1875,  Art.  IV.,  Sec.  4. — Representative, 


Missouri  83 

"male  citizen  of  the  United  States"  and  "a  quali- 
fied voter  of  this  state. " 

Const.,  Art.  V.,  Sec.  5. — Governor,  "shall  be  at 
least  thirty-five  years  old,  a  male  and  shall  have 
been  a  citizen  of  the  United  States  ten  years.  .  .  . " 

Sec.  15. — Lieutenant-Go vernor,  same. 

Const,  of  1875,  Art.  VI.,  Sec.  6.— Judges  of 
Supreme  Court,  citizens  of  United  States  and 
Missouri. 

Sec.  13. — Other  judges,  same. 

Const,  of  1875,  Art.  V.,  Sec.  19. — "No  person 
shall  be  eligible  to  the  office  of  Secretary  of  State, 
State  Auditor,  State  Treasurer,  Attorney-General, 
or  Superintendent  of  Public  Schools  unless  he  be  a 
male  citizen  of  the  United  States." 

An.  Stat.,  Sec.  5058. — The  governor  appoints 
six  persons  as  State  Board  of  Charities  and  Cor- 
rection. "Two  of  the  members  of  the  said  board 
shall  be  women,  and  of  the  remaining  four  not 
more  than  two  shall  be  of  the  same  political  party. " 

An.  Stat.,  Sec.  5070. — County  Board  of  visitors. 
On  petition  of  fifteen  reputable  citizens,  judge 
of  the  Circuit  Court  "shall  appoint  six  persons, 
three  of  whom  shall  be  women.  ..." 

An.  Stat.,  Sec.  5251,  13. — "Women  shall  not 
be  disqualified  from  holding  the  position  of  deputy 
probation  officers."  (Cf.  Sec.  5251,  38.) 

An.  Stat.,  Sec.  7775. — Industrial  school  for  girls. 
Board  of  Control,  four  men,  two  women.  Sec. 
7778. — Officials  to  be  women. 


84         Political  Status  of  Women 

Sec.  7821. — Managers  of  Feeble-minded  Colony 
to  be  five,  "two  of  whom  shall  be  women/' 

Attorney. — An.  Stat.,  Sec.  4920. — "Good  moral 
character  and  a  resident  of  this  State"  are  the 
only  requirements  of  the  statute. 

Women  have  been  admitted. — Crow  vs.  Hosteller, 
cf.  supra. 

An.  Stat.,  Sec.  8832.— Notaries  Public.— "But 
no  person  shall  be  so  appointed  who  has  not 
attained  the  age  of  twenty-one  years  if  a  male, 
and  the  age  of  eighteen  if  a  female,  and  who  is  not 
a  citizen  of  the  United  States  and  of  this  State." 

An.  Stat.,  Sec.  8875. — Matrons  provided  for  in 
Penitentiary.  School  for  blind. — Sec.  7743.  School 
for  Deaf. — Sec.  7739.  Feeble-minded  Colony.— 
Sec.  7827. 

An.  Stat.,  Sec.  3762. — Juror,  "male  citizen." 

An.  Stat.,  Sec.  5492. —  Second  Class  Cities. 
Common  Council,  "qualified  voter." 

An.  Stat.,  Sec.  5756.— Third  Class  Cities. 
Mayor,  citizen  and  resident.  Sec.  5768. — Coun- 
cilman, citizen  and  resident. 

An.  Stat.,  Sec.  5899. — Fourth  Class  Cities. 
Mayor  to  be  a  citizen  and  resident.  Sec.  5911.— 
Alderman,  citizen  and  resident. 

An.  Stat.,  Sec.  6006. — Villages  and  towns. 
Trustee,  "male  citizen  of  the  United  States." 

An.  Stat.,  Sec.  9759. — District  directors,  quali- 
fied voters  elected  by  qualified  voters,  the  only 
persons  eligible. 


Montana  85 

"A  qualified  voter  .  .  .  shall  be  any  person 
who  under  the  general  laws  of  this  State  would 
be  allowed  to  vote  in  the  county  for  state  and 
county  officers. " — State  ex  rel.  Ing.  vs.  McSpaden, 
137  Mo.  628,  39  S.  W.  81,  construing  R.  S.  1889, 
Sec.  8086,  by  inference,  holds  that  since  directors 
must  be  voters  women  not  eligible. 


MONTANA 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage. 

Const.  1889,  Art.  IX.,  Sec.  2.— "Every  male 
person  of  the  age  of  twenty-one  years  and  over, 
possessing  the  following  qualifications,  shall  be 
entitled  to  vote  at  all  general  elections  and  for 
all  officers  that  now  are,  or  hereafter  may  be 
elected  by  the  people  and  upon  all  questions  which 
may  be  submitted  to  the  vote  of  the  people." 
I.  Citizen  of  the  United  States;  2.  resident;  3. 
not  felon,  etc. 

Revised  Code,  Sec.  462. — "Every  male  person 
of  the  age  of  twenty-one  years  or  over,  possessing 
the  following  qualifications,  by  law  is  entitled  to 
vote  at  all  general  and  special  elections  and  for 
all  officers. "  Qualifications  follow  constitution. 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have  the 
taxpaying  suffrage  and  school  suffrage. 


86          Political  Status  of  Women 

1 .  Taxpaying. — ' '  Upon  all  questions  submitted 
to  the  vote  of  the  taxpayers  of  the  State,  or  any 
political  division  thereof,   women   who   are  tax- 
payers and  possessed  of  the  qualifications  for  the 
right  of  suffrage  required  of  men  by  the  Constitu- 
tion, shall  equally  with  men  have  the  right  to 
vote."— Const.  1889,  Art.  IX.,  Sec.  12. 

"Upon  all  questions  submitted  to  the  vote.  ..." 
—Revised  Code,  Sec.  468,  re-enacts  Const.,  Art. 
IX,  Sec.  12  in  terms. 

2.  School. — "All  qualified  electors  of  the  State 
who  have  resided  in  the  city  or  town  six  months 
and  in  the  ward  for  thirty  days  next  preceding 
the  election  are  entitled  to  vote  at  any  municipal 
election." — Revised  Code,  Sec.  3231. 

"Women  shall  be  eligible  to  hold  the  office  of 
County  Superintendent  of  Schools  or  any  school 
district  office  and  shall  have  the  right  to  vote  at 
any  school  district  election." — Const.  1889,  Art. 
IX.,  Sec.  10. 

"Women  have  the  right  to  vote  at  any  school 
district  election." — Revised  Code,  Sec.  467. 

3.  Local  option. — Petitioner  must  be  qualified 
elector. — Revised  Code,  Sec.  2041.     Voter  must 
be  qualified  elector. — Sec.  2044. 

OFFICE-HOLDING. — Office  is  confined  to  electors, 

except  minor  school  offices  and  appointive  offices. 

"No  person  shall  be  elected  or  appointed  to  any 

office  in  this  State,  civil  or  military,  who  is  not  a 


Montana  87 

citizen  of  the  United  States,  and  who  shall  not 
have  resided  in  this  State  at  least  one  year  next 
before  his  election  or  appointment." — Const. 
1889,  Art.  IX.,  Sec.  7. 

"Any  person  qualified  to  vote  at  general  elec- 
tions and  for  State  officers  in  this  State,  shall  be 
eligible  to  any  office  therein  except  as  otherwise 
provided  in  this  Constitution." — Const.  1889, 
Art.  IX.,  Sec.  11. 

Disqualifications  of  public  officers. — "No  per- 
son is  capable  of  holding  a  public  office  in  this 
State,  who  at  the  time  of  his  election  or  appoint- 
ment is  not  of  the  age  of  twenty-one  years  and  a 
citizen  of  this  State." — Revised  Code,  Sec.  342. 

"Provisions  respecting  disqualifications  for  par- 
ticular offices  are  contained  in  the  Constitution 
and  in  the  provision  of  the  Codes  concerning  the 
various  offices." — Sec.  382. 

"No  person  is  eligible  to  a  county  office  who  at 
the  time  of  his  election  is  not  of  the  age  of  twenty- 
one  years,  a  citizen  of  the  State  and  an  elector  of 
the  county  in  which  the  duties  of  the  office  are  to 
be  exercised  or  for  which  he  is  elected." — Revised 
Code,  Sec.  2955. 

"No  person  is  eligible  to  a  township  or  district 
office  who  is  not  ..."  same  as  above  except 
that  the  words  "district  or  township"  are  sub- 
stituted for  "county." — Revised  Code,  Sec.  2956. 

(N.B. — There  are  no  disqualifications  for  any 
State  office  as  far  as  I  can  find.) 


88          Political  Status  of  Women 

Qualifications  for  particular  offices.—  "  Women 
shall  be  eligible  to  hold  the  office  of  County  Su- 
perintendent of  Schools  or  any  school  district 
office,  and  shall  have  the  right  to  vote  at  any 
school  district  election." — Constitution,  Art.  IX., 
Sec.  10. 

It  is  held  that  "a  county  superintendent  must 
be  either  a  woman  or  a  person  qualified  to  vote  at 
general  elections  and  for  State  officers  in  this 
State. " — State  vs.  Acton,  31  Mont.  43,  77  Pac.  302. 

"Any  citizen,  or  person  resident  of  this  State 
who  has  bona  fide  declared  his  or  her  intention  to 
become  a  citizen  ...  is  entitled  to  admission  as 
attorney  and  counsellor  in  all  the  Courts  of  this 
State.  "—Revised  Code,  Sec.  6381. 

Notaries  Public. — Governor  appoints,  no  quali- 
fications.— Revised  Code,  Sec.  317. 

(Attorney-General  Nolan  in  1901  declared  illegal 
the  appointment  of  a  woman.) 

State  Board  of  Charities  and  Reform  composed 
of  three  members  appointed  by  the  Governor; 
no  qualifications. — Revised  Code,  Sec.  272. 

Probation  officer. — Sheriff  or  constable  appointed 
as  such. — Revised  Code,  Sec.  9429. 


NEBRASKA 

GENERAL  STATE  SUFFRAGE. — Const,  of  1875  (335), 
Art.  VII.,  Sec.  I. — "Every  male  person  of  the  age 


Nebraska  89 

of  twenty-one  years  and  upwards  belonging  to 
either  of  the  following  classes  .  .  .  shall  be  an 
elector."  i.  Citizens  of  United  States.  2.  Per- 
sons who  have  declared  their  intention  to  become 
citizens. 

Compiled  Statutes,  Sec.  3214. — Qualification  of 
voters.  "Every  male  person" — follows  Constitu- 
tion in  terms. 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  possess 
limited  school  suffrage. 

School  district  meetings  (Ch.  78,  subdiv.  2,  Sec. 
4) .  "  Every  person,  male  or  female,  who  has  resided 
in  the  district  forty  days  and  is  twenty-one  years 
old  and  who  owns  real  property  or  personal  pro- 
perty that  was  assessed  in  the  district  ...  or 
who  has  children  of  school  age  residing  in  the  dis- 
trict shall  be  entitled  to  vote  at  any  district 
meeting  or  school  election  held  in  any  district 
village  or  city." — Comp.  Stat.,  Sec.  5430. 

Held,  this  allows  them  to  vote  on  bond  issue 
to  be  submitted  to  "qualified  electors  of  school 
district"  by  L.  of  1879,  p.  170,  Sec.  2.  Olive  vs. 
School  District  No.  I,  125  N.  W.  141  (1901). 

(N.B. — State  and  County  Superintendents  are 
elected  at  general  election.  Therefore  women  do 
not  vote  for  them.) 

Women  may  vote  and  hold  office  in  school 
districts. — State  vs.  Cones,  15  Neb.  447. 

Wife    of    homesteader    not    qualified.     Those 


90         Political  Status  of  Women 

present  must  be  qualified  voters  in  their  own  right. 
— McLain  vs.  Maricle,  60  Neb.  359. 

Board  of  Education  in  cities  of  twenty-five 
thousand  to  forty  thousand.  "...  Provided  that 
all  women  of  the  age  of  twenty-one  years  who  are 
residents  and  citizens  of  the  cities  included  under 
the  provisions  of  this  act  and  who  have  property 
assessed  in  their  own  names,  or  who  have  children 
of  school  age,  shall  be  entitled  to  vote  for  members 
of  the  Board  of  Education  and  upon  all  matters 
pertaining  to  the  schools  of  said  cities."  Women 
are  not  required  to  register  but  must  take  oath  as 
to  their  qualifications. — Comp.  Stat.,  Sec.  5726. 

Board  of  Education  in  metropolitan  cities  (one 
hundred  thousand)  chosen  by  "qualified  electors 
of  entire  city." — Sec.  5790. 

"At  elections  for  members  of  the  Board  of 
Education  women  may  vote  after  taking  the 
following  oath:"  (as  to  their  qualifications). — 
Sec.  5813. 

OFFICE-HOLDING. — Women  may  hold  any  admin- 
istrative office  not  expressly  forbidden  them. 

Qualifications  for  particular  offices. — Senator 
and  representative. — "No  person  shall  be  eligible 
.  .  .  who  is  not  an  elector." — Const.  (263),  Art. 
III.,  Sec.  5- 

Governor  must  be  a  citizen  of  the  United  States. 
Lieutenant-Governor  must  be  a  citizen  of  the 
United  States.— Const.  (286),  Art.  V.,  Sec.  2. 


Nebraska  91 

No  provisions  as  to  other  state  officers. 

Judges  must  be  citizens  of  the  United  States. — 
Const.  (317),  Art.  VI.,  Sec.  7. 

Women  may  vote  and  hold  office  in  school 
districts. — State  vs.  Cones,  15  Neb.  447. 

Attorneys  must  be  "person"  of  good  character, 
twenty-one,  etc. — Comp.  Stat.,  Sec.  678. 

Governor  appoints  notary  public  on  petition 
of  "twenty-five  legal  voters"  of  county. — Comp. 
Stat.,  Sec.  4521. 

Women  may  be  notaries  public. — Van  Dorn  vs. 
Mengedoht,  41  Neb.  525. 

Probation  Officer,  "two  or  more  persons,  one 
of  whom  shall  be  a  woman." — Comp.  Stat.,  Sec. 
2796  (f.). 

Cities  of  the  metropolitan  class  (i.e.,  one  hun- 
dred thousand  inhabitants).  Board  of  Police 
Commissioners  may  appoint  two  police  matrons. — 
Comp.  Stat.,  Sec.  906. 

There  shall  be  police  matrons  in  cities  of  forty 
thousand  to  one  hundred  thousand  inhabitants. — 
Comp.  Stat.,  Sec.  1121. 

Jurors,  "all  free  white  males"  are  qualified. — 
Sec.  7236. 

State  vs.  Quible,  125  N.  W.  619  (May,  1910). 
There  being  no  constitutional  provision  declaring 
her  ineligible  and  the  common  law  permitting 
her  to  hold  administrative  offices,  a  woman  may  be 
a  County  Treasurer. 


92         Political  Status  of  Women 
NEVADA 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
general  suffrage. 

The  right  of  suffrage  is  extended  to  "every 
male  citizen  of  the  United  States"  of  full  age  with 
certain  residence  qualifications. — Const.,  Art.  II., 
Sec.  i. 

The  legislature  can  add  no  further  qualification 
to  those  prescribed  in  the  Constitution  for  the 
right  of  suffrage. — State  vs.  Findley,  20  Nev.  198. 

It  may,  however,  prescribe  a  poll  tax. — State 
vs.  Stone,  24  Nev.  308. 

SPECIAL  SUFFRAGE. — Women  have  no  form  of 
special  suffrage. 

OFFICE-HOLDING. — Women  hold  only  school  offices. 

"No  person  is  eligible  to  any  office  who  is  not  a 
qualified  elector,  provided  that  females,  over  the 
age  of  twenty-one  years  .  .  .  (with  certain  resi- 
dence qualifications)  .  .  .  shall  be  eligible  to  the 
offices  of  Superintendent  of  Public  Schools  and 
School  Trustee."— Const.,  Art.  XV.,  Sec.  3. 

The  qualification  of  being  an  elector  is  required 
specifically  in  the  Constitution  of  legislators  (Art. 
IV.,  Sec.  5),  governor  (Art.  V.,  Sec.  3),  lieutenant- 
governor  (Art.  V.,  Sec.  17),  secretary  of  state, 
treasurer,  controller,  surveyor-general  and  at- 
torney-general (Art.  V.,  Sec.  19). 

A  constitutional  amendment  passed  the  legis- 


New  Hampshire  93 

lature  in  1909  changing  Const.,  Art.  XV.,  Sec.  3, 
so  as  to  add  deputy  superintendent  of  public 
instruction  and  notary  public  to  the  offices  open 
to  women.  This  has  not  yet  been  passed  on  by 
the  voters. 

Laws  shall  be  passed  to  prevent  any  person  not 
a  qualified  elector  from  serving  on  a  jury. — 
Const.,  Art.  IV.,  Sec.  27. 

Jurors  must  be  qualified  electors. — Compiled 
Laws,  Sec.  3867. 

Any  citizen  of  the  age  of  twenty-one  years  with 
the  necessary  qualifications  may  be  admitted  as 
an  attorney. — Sec.  2613. 

Notaries  Public,  no  qualifications.  (But  cf. 
proposed  amendment  above.) — Laws  of  1903,  p. 
114. 


NEW  HAMPSHIRE 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
general  suffrage. 

Constitution,  Bill  of  Rights,  Art.  n.— "All  elec- 
tions ought  to  be  free,  and  every  inhabitant  of 
the  state  having  the  proper  qualifications  has  equal 
right  to  elect  and  to  be  elected  into  office. " 

Constitution,  Form  of  Government,  Art.  27. — 
Every  male  inhabitant  of  each  town,  and  parish 
with  town  privileges,  and  places  unincorporated, 
in  this  state,  of  twenty-one  years  and  upward, 


94         Political  Status  of  Women 

excepting  paupers  and  persons  excused  from  paying 
taxes  at  their  own  request,  shall  have  the  right, 
at  any  meeting,  to  vote  in  the  town  in  which  he 
dwells  and  has  his  home." 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have 
school  suffrage. 

"Any  person,  whether  male  or  female,  but  in 
all  other  respects  except  sex  qualified  to  vote  in 
town  affairs,  may  vote  at  school  district  meetings 
in  the  district  in  which  such  person  has  resided 
and  had  a  home  three  months  next  preceding 
the  meeting." — Public  Statutes,  ch.  90,  Sec.  9. 

OFFICE-HOLDING. — Women  not  excluded  by 
statute  from  any  office,  but  the  decisions  hold 
ineligible  in  absence  of  express  enactment. 

Qualifications  for  particular  offices. — Governor 
must  be  "an  inhabitant  for  seven  years." — Const., 
Art.  41. 

Senator  must  be  "an  inhabitant  for  seven 
years." — Art.  28. 

Representative  "  an  inhabitant. " — Art.  13. 

"No  person  shall  be  eligible  to  any  school  dis- 
trict office  unless  he  is  a  voter  in  the  district." — 
Public  Stat.,  ch.  90,  Sec.  14. 

"Any  citizen  of  the  age  of  twenty-one  years,  of 
good  moral  character  and  suitable  qualifications 
on  application  to  the  Supreme  Court  shall  be 
admitted  to  practise  as  an  attorney. " — Pub.  Stat., 


New  Jersey  95 

ch.  313,  Sec.  2.  In  re  Richer,  29  Atl.  559  (1890), 
66  N.  H.  207,  holds  that  an  attorney  is  not  such 
an  officer  as  to  exclude  women  under  common  law 
rule.  But  holds  (p.  583)  that  if  a  public  office, 
women  would  be  barred  unless  legislature  let 
them  in. 

Sheriff,  county  solicitor,  county  treasurer,  regis- 
ter of  deeds,  register  of  probate,  county  commis- 
sioner, clerk  of  court,  must  be  residents  of  County. 
—Pub.  Stat.,  ch.  25,  Sec.  2. 

Notaries  Public,  appointed  by  governor  with 
advice  of  council. — Ch.  18,  Sec.  I.  Have  powers 
of  Justice  of  the  Peace. — Sec.  2. 

(N.B. — Decision  in  re  Richer  (not  yet  reported) 
refusing  to  put  name  of  woman  on  official  ballot 
for  governor.) 


NEW   JERSEY 

GENERAL   STATE   SUFFRAGE. — Women   have   no 
state  suffrage. 

Const.,  Art.  II.,  Sec.  I. — "Every  white  male 
citizen  of  the  United  States  .  .  .  shall  be  entitled 
to  vote  for  all  officers  that  now  are  or  hereafter 
may  be  elective  by  the  people. "  Amendment  II., 
Sec.  I,  strikes  out  "white." 

SPECIAL  SUFFRAGE.— Women,  have  a  greatly  lim- 
ited school  suffrage. 


96          Political  Status  of  Women 

1.  Municipal  suffrage. — Women  expressly  ex- 
cluded.    "That  every  citizen  of  this  state  entitled 
to  vote  at  a  general  election  for  members  of  the 
legislature  shall  be  entitled  to  vote  at  any  election 
of  municipal  officers  held  in  the  city,   town  or 
other  municipality  where  such  citizen  may  reside. " 
—Act  of  Apr.  8,  1890. 

"That  every  person  possessing  the  qualification 
required  by  the  constitution  shall  be  entitled  to 
vote  in  the  township  in  which  he  actually  resides. " 
—Act  of  Apr.  1 8,  1876. 

2.  Schools. — "That  every  citizen  of  the  United 
States  of  the  age  of  twenty-one  years  who  shall 
have  been  a  resident  of  the  State  for  one  year  and 
of  the  county  in  which  he  or  she  claims  a  vote 
five  months  next  before  said  meeting,  shall  have  a 
right  to  vote  in  any  school  meeting  in  any  school 
district  of  the  state  wherein  they  may  reside.  .  .  ." 
—Act  of  Apr.  8, 1887  (Sec.  413  of  Schools). 

This  law  is  limited  and  construed  in  the  fol- 
lowing cases : 

State  vs.  Deshler,  25  N.J.L.  177  (1855).— "School 
district  trustees  are  municipal  officers  and,  being 
elected  by  the  people,  those  who  vote  for  them 
must  have  the  qualifications  required  by  Article 
II.  of  the  Constitution  of  New  Jersey." 

Kimbal  vs.  Hendee,  57  N.  J.  L.  309. — School 
trustees  are  officers  within  Const.,  Art.  II.,  Sec.  i, 
making  male  citizens  the  only  legal  electors  thereof. 

Landis  vs.  Ashworth,  57  N.  J.  L.  509. — Women 


New  Jersey  97 

may  vote  at  school  meetings  under  Act  of  Apr. 
8,  1887,  for  all  purposes  except  the  election  of 
officers. 

State  vs.  Board  of  Education,  57  N.  J.  L.  605.— 
The  Act  of  1887  is  invalid  only  so  far  as  it 
gives  women  the  right  to  vote  for  school 
trustees. 

Gen.  Stat.,  Sec.  237  (May,  1894) — Election  of 
school  trustees.  "The  voters  shall  be  the  legal 
voters  of  the  district. "  (Enacted  because  of  the 
construction  of  Act  of  Apr.  8,  1887.) 

School  trustees  elected  at  the  annual  school 
meeting. — Sec.  247. 

Powers  and  duties  of  legal  voters  at  school 
meeting  are  to:  I.  elect  school  trustees ;  2.  vote 
by  ballot  to  raise  any  necessary  money. — Sec. 
419  (Apr.  i,  1889). 

Legal  voters  at  annual  or  special  election  must 
fix  amount  to  be  raised  before  the  body  having 
control  of  school  may  borrow  it. — Sec.  278  (Mar. 
19,  1895). 

3.  Local   option. — Sec.    127   of   "Intoxicating 
Liquors."     Board  of  Councilmen  of  incorporated 
town  may  pass  ordinance  prohibiting  or  regulating 
sale. 

Sec.  134  of  same.  Upon  petition  of  one  fifth 
of  the  legal  voters  of  town  or  city  there  shall  be 
an  election  to  fix  amount  of  license. 

4.  Miscellaneous. — Act  of  Mar.  I,  1893,  creat- 
ing road  commissioner  and  allowing  his  election 


98         Political  Status  of  Women 

by  "freeholders  of  said  district"  is  unconstitu- 
tional as  violating  Const.,  Art.  II.,  Sec.  i. 

OFFICE-HOLDING. — Women  are  eligible  to  practi- 
cally all  offices. 

"Provided  that  no  person  shall  be  eligible  as  a 
member  of  either  house  of  the  legislature  who 
shall  not  be  entitled  to  the  right  of  suffrage. "- 
Const.,  Art.  IV.,  Sec.  2. 

Governor  must  be  a  citizen  of  the  United  States 
and  resident  of  New  Jersey. — Const.,  Art.  V., 
Sec.  4. 

Officers  mentioned  in  Constitution  without 
qualifications:  Judges  of  the  various  courts  (Art. 
VI.,  Sec.  1-6);  Chancellor  (Art.  VI.,  Sec.  4); 
Justices  of  the  Peace  (Art.  VI.,  Sec.  7);  State 
treasurer,  keeper  and  inspector  of  prisons,  attorney- 
general,  clerks  of  court,  surrogates,  sheriffs,  coroner 
(Art.  VII.,  Sec.  2). 

In  General  Stat.,  Sec.  i,  sheriffs  are  required  to 
be  citizens  and  inhabitants. 

"The  chancellor  of  the  State  of  New  Jersey 
shall  have  the  power  and  authority  in  his  discre- 
tion to  appoint  any  woman  who  has  been  or  who 
shall  hereafter  be  admitted  to  practise  law  in 
the  courts  of  this  state,  whether  she  be  married  or 
unmarried,  a  master  in  chancery  of  the  State  of 
New  Jersey,  and  such  appointment  shall  confer 
upon  the  appointee  all  the  privileges,  duties  and 
powers  which  a  similar  appointment  of  a  man  can 


New  Mexico  99 

confer  upon  him." — Ch.  133  of  Laws  of  1896, 
Sec.  i. 

Commission  terminates  upon  marriage,  but  may 
reissue  under  new  name. — Sec.  2. 

"And  no  person  shall  be  eligible  to  the  office  of 
trustee  unless  he  or  she  is  above  twenty-one  years 
of  age,  is  a  resident  of  the  district  and  can  read  and 
write." — Sec.  237  of  Schools  (May,  1894). 

"That  no  person  shall  be  denied  admission  to 
examination  for  license  to  practise  law  as  attorney 
or  counsellor  in  this  state,  or  be  refused  recommen- 
dation to  the  governor  for  license  to  practise  law 
as  attorney  and  counsellor  in  this  state  on  account 
of  sex." — Sec.  396  of  Practice  (Mar.,  1895). 

"That  the  power  of  appointment  herein  given 
the  governor  shall  not  be  limited  to  the  appoint- 
ment of  persons  of  the  male  sex,  but  such  appoint- 
ments may  be  of  persons  of  either  sex,  and  all 
words  in  such  act  or  any  supplement  thereof 
referring  to  said  notaries  public  as  of  the  masculine 
gender  shall  be  understood  to  include  and  shall  be 
applied  to  females  as  well  as  males." — Sec.  18 
of  Promissory  Notes  (Apr.  4,  1895). 


NEW  MEXICO 

GENERAL  STATE  SUFFRAGE. — Women    have   no 
state  suffrage. 
Organic  Act  of  Congress  (1850)  Sec.  6. — Every 


ioo        Political  Status  of  Women 

free  white  male  inhabitant  to  vote  at  first  election. 
Thereafter  qualifications  to  be  prescribed  by 
legislative  assembly. 

Election  Law  of  1851,  Sec.  19. — Voters  to  be 
"white,  male  citizens  of  the  United  States." 

Compiled  Laws,  Sec.  1647.  Disqualifies  soldier 
in  the  United  States  army  and  any  person  pre- 
vented by  the  Organic  Law  from  voting  or  holding 
office. 

SPECIAL  SUFFRAGE. — Women  have  no  special 
suffrage. 

Legal  voters  who  have  paid  their  poll  tax  are 
the  electors  at  school  elections.  (Laws  of  1909, 
ch.  95). 

OFFICE-HOLDING. — There  is  no  general  express  ex- 
clusion of  women. — Cf.  Comp.  Laws,  Sec.  1647, 
supra. 

Organic  Act,  Sec.  5. — Both  branches  of  the 
legislature  to  have  the  same  qualifications  as 
voters. 

Laws  of  1909,  ch.  55,  Sec.  i. — Governor  to 
appoint  notaries  public  from  citizens  of  either  sex. 

1909,  ch.  99,  Sec.  4. — Health  officer,  physician 
and  resident  of  county.  L.  of  1907. — Board  of 
Health  and  Medical  Examiners,  same  (ch.  34). 

1909,  ch.  53,  Attorneys. — No  qualifications  as 
to  sex. 

1907,  ch.  96,  Sec.  1 8. — County  Superintendent 
of  Schools,  no  qualification  as  to  sex. 


New  York  101 

1905,  ch.  116,  Sec.  I. — "Every  male  citizen  over 
twenty-one  years"  is  qualified  to  serve  as  juror. 
Subject  to  certain  disqualifications. 

1901,  ch.  5. — No  person  to  be  a  deputy  sheriff 
unless  he  is  a  qualified  voter  of  the  territory. 

1909,  ch.  121,  Sec.  4. — Territorial  Board  of  Ed- 
ucation to  consist  of  governor  and  certain  other 
state  officers  and  of  seven  other  members  ap- 
pointed by  the  governor.  No  sex  qualifications. 


NEW  YORK 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage. 

Const.  II.,  Sec.  I.  "Every  male  citizen  of  the 
age  of  twenty-one  years  .  .  .  shall  be  entitled  to 
vote  at  such  election  in  the  election  district  of 
which  he  shall  at  the  time  be  a  resident,  and  not 
elsewhere,  for  all  officers  that  now  are  or  hereafter 
may  be  elective  by  the  people  and  upon  all  ques- 
tions which  may  be  submitted  to  the  vote  of  the 
people.  ..." 

Right  to  vote  is  not  a  privilege  and  immunity 
of  a  citizen  and  therefore  a  female  cannot  vote. — 
People  vs.  Barber,  48  Hun.  198. 

Election  Law,  Sec.  162. — "A  qualified  voter  is 
a  male  citizen  who  is  or  will  be  on  the  day  of 
election  twenty-one  years  of  age." 


102        Political  Status  of  Women 

SPECIAL  SUFFRAGE. — Women  have  limited  school 
and  taxpaying  suffrage  outside  of  cities. 

I.  School. — Const.,  Art.  X.,  Sec.  2,  provides 
that  all  other  county  officers,  except  sheriff,  dis- 
trict attorney,  and  register,  shall  be  "elected  by 
the  electors  ...  or  appointed  by  board  of  super- 
visors or  other  county  authorities  as  the  legislature 
shall  direct. " 

A  law  authorizing  women  to  vote  for  school 
commissioner  (Laws  of  1892,  ch.  214)  is  uncon- 
stitutional on  the  ground  that  school  commissioner 
is  a  county  officer  within  Const.  Art.  II.,  Sec.  I, 
and  Art.  X.,  Sec.  2,  i.e.,  elective  by  the  people. 
Matter  of  Gage,  141  N.  Y.  112.  Matter  of  the 
Cancellation  of  Names,  5  Misc.  375. 

Education  Law,  Sec.  93. — School  districts 
outside  of  cities.  "Any  person  shall  be  entitled 
to  vote  at  any  school  district  meeting  for  the 
election  of  school  district  officers,  and  upon  all 
other  matters  which  may  be  brought  before  such 
meetings,  who  is"  I.  a  citizen  of  the  United  States; 
2.  twenty-one  years  of  age;  3.  a  resident  within 
the  district  for  the  period  of  thirty  days.  "And 
who  in  addition  thereto  possesses  one  of  the  fol- 
lowing four  qualifications:"  i.  owns  or  rents 
taxable  real  property;  2.  is  parent  of  child  of 
school  age;  3.  has  such  child  permanently  residing 
with  him;  4.  owns  fifty  dollars'  worth  of  assessed 
personal  property. 

"No  person  shall  be  deemed  ineligible  to  vote 


New  York  103 

at  any  such  meeting  by  reason  of  sex  who  has  one  or 
more  of  the  qualifications  required  by  this  section. " 
School  districts  are  created  out  of  school  com- 
missioner districts  (Sec.  20)  which  do  not  include 
any  city  (Sec.  301),  therefore  women  do  not  have 
school  franchise  in  cities. 

2.  Local  option. — Liquor  Tax  Law,  Sec.    13. 
Question  submitted  to  qualified  electors  of  town 
at  biennial  town  meeting  if  ten  per  cent,  of  electors 
petition  for  such  submission. 

3.  Municipal   suffrage. — City  elections,  same 
suffrage  basis  as  general  elections  (cf.  Second  Class 
Cities,  III.,  Sees,  n,  14,  etc.). 

The  charters  of  certain  Third  Class  Cities  give  the 
taxpaying  suffrage,  under  various  limitations,  to 
women  (cf.  Geneva,  chap.  297  of  the  Laws  of  1898.) 

Town  Law,  Sec.  55. — "  A  woman  who  possesses 
the  qualifications  to  vote  for  town  officers  except 
the  qualification  of  sex  and  who  is  the  owner  of 
property  in  the  town  assessed  upon  the  last 
preceding  assessment  roll  thereof,  is  entitled  to 
vote  upon  a  proposition  to  raise  money  by  tax  or 
assessment." 

Village  Law,  Sec.  41. — "  A  woman  who  possesses 
the  qualifications  to  vote  for  village  officers  except 
the  qualification  of  sex,  who  is  the  owner  of  pro- 
perty assessed  upon  the  last  assessment  roll,  is 
entitled  to  vote  upon  a  proposition  to  raise  money 
by  tax  or  assessment  or  for  the  dissolution  of  the 
village." 


104        Political  Status  of  Women 

This  law  construed  in  the  following  cases: 

1.  This  does  not  allow  women  to  vote  on  the 
proposition  to  issue  bonds. — People  ex  rel.  Dillon 
vs.  Moir,  115   N.  Y.  Sup.    1029,   129  App.  Div. 
938. 

2.  A  bond  issue  not  invalid  because  women 
were  allowed  to  vote  on  it  at  village  election  and 
the   proposition  involved   the   raising  of  money 
by  tax.     Distinguishes  People  vs.  Moir  as  there  was 
in  that  case  no  provision  to  retire  bonds  by  taxa- 
tion  as   required   by    law.    (Con.   Laws,  ch.  24, 
Sec.  6).— Ward  vs.  Kropf,  120  N.  Y.  Sup.  476. 

3.  Women  may  vote  on  any  legal  bonding 
proposition,  i.e.,  where  the  proper  retirement  clause 
is  inserted.  Explains  away   People   vs.    Moir  — 
Gould  vs.  Seneca  Falls,  121  N.  Y.  Sup.  723. 

4.  Both  husband  and  wife  may  vote. — Rep. 
Atty.-Gen.  (1904),  354- 

Held  that  Sec.  41  does  not  allow  women  to 
vote  on  proposition  to  incorporate  village. — Rep. 
Atty.-Gen.  (1902),  158. 

(Quaere  if  this  is  law  now  in  view  of  present 
Sec.  12.) 

Village  Law,  Sec.  12. — Incorporation.  "Every 
elector  qualified  to  vote  at  a  town  meeting  who  has 
been  a  resident  of  such  territory  at  least  thirty 
days  next  preceding  such  election,  and  who  is  the 
owner  of  property  within  such  territory  which  was 
assessed  upon  the  last  assessment  roll  of  the  town, 
may  vote  at  such  election.  A  woman  who  pos- 


New  York  105 

sesses  the  qualifications  to  vote  at  a  town  meet- 
ing, except  the  qualification  of  sex,  and  who  has 
been  a  resident  of  such  territory  for  thirty  days 
next  preceding  such  election  and  who  is  the 
owner  of  property  within  such  territory  which 
was  assessed  upon  the  last  assessment  roll  of  the 
town  may  vote  at  such  election." 

Sec.  336. — ''Where  a  right  is  granted  by  this 
chapter  to  institute  a  proceeding,  make  an  appli- 
cation, present  a  petition  or  take  an  appeal,  such 
right  may  be  exercised  by  an  adult  resident  or 
woman  who  owns  property  assessed  upon  the  last 
preceding  assessment  roll  of  the  village." 

Women  not  authorized  by  this  section  to  sign 
petition  requesting  submission  of  proposition  to 
electors  (Vil.  Law,  Sec.  59). — Rep.  Atty.-Gen. 
(1901),  198. 

OFFICE-HOLDING. — Women  can  hold  any  office  in 
the  state  with  a  few  minor  exceptions. 

Public  Officers,  Law  II.,  Sec.  3. — "No  person 
shall  be  capable  of  holding  a  civil  office  who  shall 
not  at  the  time  he  shall  be  chosen  thereto  be  of  full 
age,  a  citizen  of  the  United  States,  a  resident  of 
the  state,  and  if  it  be  a  local  office,  a  resident  of 
the  political  sub-division  or  municipal  corporation 
of  the  state  for  which  he  shall  be  chosen,  or  within 
which  his  official  functions  are  required  to  be 
exercised." 

Const.,  Art.  IV.,  Sec.  2. — Governor  and  lieuten- 


106        Political  Status  of  Women 

ant-governor  must  be  citizens  of  the  United 
States. 

Education  Law,  Sec.  141. — "Every  district 
officer  must  be  a  resident  of  his  district  and  quali- 
fied to  vote  at  the  meetings." 

Sec.  302. — School  commissioner.  "No  person 
shall  be  deemed  ineligible  to  such  office  by  reason 
of  sex  who  has  the  other  qualifications  as  herein 
provided."  (But  cf.  Matter  of  Gage,  supra.) 

Executive  Law,  Sec.  101. — Notaries  Public. 
No  qualification. 

Held  that  it  is  no  ground  to  return  papers  in  a 
proceeding  that  woman  acted  as  notary.  Cannot 
test  her  eligibility  in  a  collateral  proceeding. 
Open  question  whether  women  can  hold  office  in 
New  York. — Findley  vs.  Thorn,  i  How.  Pr.  76. 

Gen.  City  Law,  Sees.  90-97. — Police  matrons 
in  cities  of  twenty-five  thousand  or  more  inhabi- 
tants. (Prison  matrons,  Prison  Law,  Sec.  92.) 

Judiciary  Law,  Sec.  460. — Attorney  must  be 
"a  citizen  of  the  state." 

Sec.  502. — Jurors  must  be  "a  male  citizen  of  the 
United  States." 

State  Charities  Law,  Sec.  3. — State  Board  of 
Charities,  no  qualification. 

Sec.  81. — Three  women  on  board  of  State 
Custodial  Asylum  for  Feeble-minded  Women. 

Sec.  221. — House  of  Refuge.  Two  of  the  six 
managers  to  be  women. 

Sec.  51. — "In  the  discretion  of  the  governor 


North  Carolina  107 

persons  of  either  sex  may  be  appointed  as  managers 
of  such  institutions."  (Appointment  and  Re- 
moval of  Managers  of  State  Charitable  Institu- 
tions.) 

Town  Law,  Sec.  81. — "  Every  elector  of  a  town 
shall  be  eligible  to  any  town  office." 

Village  Law,  Sec.  45. — "A  resident  woman  who 
is  a  citizen  of  the  United  States  of  the  age  of  twenty- 
one  years  is  eligible  to  the  office  of  village  clerk 
or  deputy  clerk.  .  .  .  Any  resident  elector  is 
eligible  to  any  other  village  office." 

Inferior  Courts  Bill,  Art.  VI.,  Sec.  96. — Women 
assistant  probation  officers  required. 

Election  Law,  Sec.  352,  as  amended  1910,  al- 
lows women  who  are  citizens  to  act  as  watchers 
and  challengers  in  elections  in  cities  of  one  million 
or  more  population.  (Repealed  1911,  by  the  So- 
called  Levey's  Election  Law.) 


NORTH  CAROLINA 

GENERAL  STATE  SUFFRAGE. — Constitution,  Art. 
VI.,  Sec.  I. — "Every  male  person  born  in  the 
United  States  and  every  male  person  who  has 
been  naturalized  .  .  .  twenty-one  years  of  age, 
possessing  the  qualifications  set  out  in  this  article 
shall  be  entitled  to  vote  at  an  election  by  the 


io8        Political  Status  of  Women 

people  in  the  State  except  as  hereinafter  provided." 
Qualifications  of  residence  and  registration. 

Election  Revisal  of  1905,  Sec.  4315. — Who  may 
not  register  or  vote.  i.  Minors;  2.  idiots  and 
lunatics;  3.  convicts. 

Revisal  of  1905,  Sec.  4316. — "Subject  to  the  ex- 
ceptions contained  in  the  preceding  section  every 
male  person  who  has  been  naturalized,  twenty-one 
years  of  age,  who  shall  have  resided  .  .  .  shall 
...  be  a  qualified  elector." 

Revisal  of  1905,  Sec.  4318. — Grandfather  clause. 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have  no 
form  of  special  suffrage  except  as  freeholders. 

1.  Town  taxpaying. — County  and   town  gov- 
ernment and  officers. — Const.,  Art.  VII. 

Debt  or  loan  by  town  not  to  be  incurred  "unless 
by  a  vote  of  the  majority  of  the  qualified  voters 
therein." — Sec.  7. 

2.  Local   option. — On    petition   of    one  third 
registered  voters  of  city  or  town  there  shall  be  an 
election. — Revisal,  Sec.  2069. 

Conducted  as  other  municipal  elections. — Revi- 
sal, Sec.  2670. 

3.  School. — "In  any  township,  upon  petition 
of  one-fourth  of  the  freeholders  of  the  township 
.  .  .  the   board   of   County   Commissioners  .  .  . 
shall  hold   an  election  ..."  for  special  tax  for 
high    school,   election    to    be    held    "under    law 
governing  general  elections  as  nearly  as  may  be, " 


North  Carolina  109 

"qualified  voters"  to  be  electors  thereat. — Sec. 

4H3. 

Substantially  same  for  special  school  fund  in 
cities  and  towns  where  there  is  no  regular  tax. 
" One-fourth  of  the  freeholders"  petition  for 
election. — Sec.  4114. 

Same  in  special  school  districts.  "One-fourth 
of  the  freeholders"  petition  for  election. — Sec. 
4H5. 


OFFICE-HOLDING. — Women  hold  no  offices. 

"Every  voter  in  North  Carolina  except  as  in 
this  Article  disqualified  shall  be  eligible  to  office " 
(oath  required). — Const.,  Art.  VI.,  Sec.  7. 

Disqualifications.  Atheists  and  convicts. — Sec. 
8. 

Special  qualifications:— 

Senator  must  be  citizen  and  inhabitant. — 
Const.,  Art.  II.,  Sec.  7. 

Representative.  Elector  and  resident  of 
county. — Sec.  8. 

Governor  must  be  citizen  and  resident.  Lieu- 
tenant-Go vernor  must  be  citizen  and  resident. — 
Art.  III.,  Sec.  2. 

Judges,  solicitor,  sheriff  and  coroner.  No  quali- 
fications.— Art.  III. 

State  Board  of  Education.  Composed  of  gov- 
ernor, lieutenant-governor,  secretary  of  State, 
treasurer,  auditor,  superintendent  of  public  in- 


1 10        Political  Status  of  Women 

struction  and  attorney-general. — Const.,  Art.  IX., 
Sees.  8,  9,  10,  Revisal  4030. 

County  Board  of  Education.  Appointed  by 
general  assembly  to  be  "  three  men  in  each  county  of 
good  business  qualifications." — Revisal,  Sec.  4119. 

County  Superintendent.  Elected  by  County 
Board  of  Education.  No  qualifications. — Sec. 

4135. 

School  Committee,  "three  intelligent  men  of 
good  business  qualifications,"  chosen  by  Board  of 
Education. — Sec.  4145. 

Superintendent  of  insane  hospitals  may  appoint 
matrons  "if  he  shall  think  proper  to  do  so." 
No  provision  as  to  member  of  board  or  physician 
being  women. — Revisal,  Sec.  4565. 

Attorneys. — No  qualifications  except  that  appli- 
cant must  be  twenty-one  years  old  and  of  good 
moral  character. — Revisal,  Sec.  207. 

Jurors. — Jury  list  made  from  tax  returns  to  be 
composed  of  such  persons  "as  have  paid  all  the 
taxes  against  them  for  the  preceding  year  and  are 
of  good  moral  character  and  of  sufficient  intelli- 
gence."— Revisal,  ch.  45,  Sec.  1957. 

Notaries. — Governor  appoints  "one  or  more  fit 
persons." — Ch.  55,  Sec.  2347.  (Held  to  be  an 
office  and  therefore  women  are  not  allowed  to 
serve.) 

Charities. — Board  of  Public  Charities.  Five 
electors  chosen  by  general  assembly. — Ch.  85, 
Sec.  3913. 


North  Dakota  in 

Jamesville  R.  R.  vs.  Fisher,  13  L.  R.  A.  721 
(N.  C.). — Minor  may  be  deputy  sheriff,  i.e.,  not 
an  officer  (Const.,  Art.  VI.,  Sees.  4,  5),  and  there- 
fore others  than  an  elector  eligible. 


NORTH  DAKOTA 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage  but  may  acquire  it  without  a  con- 
stitutional amendment. 

Constitution,  Art.  V.,  Sec.  121.  "Every  male 
person  of  the  age  of  twenty-one  years  and  upwards 
.  .  .  (belonging  to  following  classes  and  with 
certain  age  requirements)  .  .  .  shall  be  deemed 
a  qualified  elector  at  such  (any)  election:"  a. 
citizen  of  the  United  States;  b.  holders  of  first 
papers  (struck  out  by  Amendment  II.) ;  c.  civilized 
Indians. 

Sec.  122. — "The  legislative  assembly  shall  be 
empowered  to  make  further  extensions  of  suffrage 
hereafter,  at  its  discretion,  to  all  citizens  of  mature 
age  and  sound  mind,  not  convicted  of  crime, 
without  regard  to  sex,  but  no  law  extending  or 
restricting  the  right  of  suffrage  shall  be  in  force 
until  adopted  by  a  majority  of  the  electors  of  the 
State  voting  at  a  general  election." 

(N.B. — An  amendment  must  pass  two  legis- 
latures and  be  passed  by  majority  of  electors 
qualified  to  vote  for  Legislature.) 


ii2        Political  Status  of  Women 

Political  Code,  Sec.  605. — "Every  male  person 
.  .  .  (resident)  .  .  .  shall  be  a  qualified  elector" 
if — a.  citizen  of  the  United  States;  b.  civilized 
Indian. 

SPECIAL    OR    LOCAL    SUFFRAGE. — Women    have 
school  suffrage,  but  not  for  all  school  offices. 

1.  County  and  municipal.    Women  expressly 
excluded. 

Legislature  is  to  organize  counties  and  towns 
when  majority  of  legal  voters  wish  it. — Const., 
Art.X. 

City  electors  are  every  legal  voter  resident  in 
city. — Sec.  2744. 

2.  School. — "At  any  election  of  school  officers 
in  any  school  corporation  in  this  state,  all  persons 
who  are  qualified  electors  under  the  general  laws 
of  the  state  and  all  women  twenty-one  years  of 
age    having   the    necessary    qualifications    as    to 
citizenship  and  residence  required  of  male  voters 
by  law,   shall  be  qualified   voters   and  shall  be 
eligible  to  the  office    of    county    superintendent 
of  schools,  school  director  or  member  of  board  of 
education  or  school  treasurer,  or  may  be  judge  or 
clerk  of  such    election." — Political    Code,     Sec. 

799- 

Officers  to  be  elected  are  school  directors. — 
Sec.  797. 

(N.B. — Superintendent  of  Public  Instruction 
elected  at  general  election  by  qualified  voters 


North  Dakota  113 

(Const.,  Sec.  150  and  Pol.  Code,  Sec.  747),  and 
women  do  not  vote  for  him.) 

County  Superintendent  of  schools  elected  at 
same  time  as  other  county  officers. — Political 
Code,  Sec.  764 — i.e.,  not  election  in  "school  cor- 
poration*' and  women  do  not  vote  for  him. 

OFFICE-HOLDING. — Women  hold  only  school  offices 
and  appointive  offices. 

"Every  elector  is  eligible  to  the  office  for  which 
he  is  an  elector,  except  when  otherwise  specially 
provided ;  and  no  person  is  eligible  who  is  not  such 
an  elector." — Political  Code,  Sec.  317.  (Does 
this  affect  eligibility  of  women  to  County  Super- 
intendent and  Superintendent  of  Public  Instruction 
because  elected  at  a  general  election  where  women 
cannot  vote?  Question  not  passed  on  but  pro- 
bably not,  in  view  of  the  following.) 

"Any  woman  having  the  qualifications  enumer- 
ated in  Sec.  121  of  this  Article  as  to  age,  residence 
and  citizenship,  and  including  those  now  qualified 
by  the  laws  of  the  territory,  may  vote  for  all 
school  officers  and  upon  all  questions  pertaining 
solely  to  school  matters,  and  be  eligible  to  any 
school  office."— Const.,  Sec.  128. 

"At  any  election  of  school  officers  in  any  school 
corporation  in  this  state,  all  persons  who  are 
qualified  electors  under  the  general  laws  of  the 
state,  and  all  women  twenty-one  years  of  age 
having  the  necessary  qualifications  as  to  citizen- 


ii4       Political  Status  of  Women 


ship  and  residence  required  of  male  voters  by  law, 
shall  be  qualified  voters  and  shall  be  eligible  to 
the  office  of  county  superintendent  of  schools, 
school  director  or  member  of  board  of  educa- 
tion or  school  treasurer,  or  may  be  judge  or 
clerk  of  such  election." — Political  Code,  Sec. 

799- 

Qualifications  for  particular  offices. — Jurors. 
"All  male  citizens  .  .  .  having  the  qualifications  of 
electors,  and  of  sound  mind  and  discretion.  ..." 
—Pol.  Code,  Sec.  514. 

Attorneys. — Power  to  admit  to  the  bar  is  vested 
in  Supreme  Court. — Pol.  Code,  Sec.  495.  Quali- 
fications (no  mention  of  sex) .  Must  be  a  resident 
of  good  moral  character. — Sec.  496. 

School  for  Deaf  and  Dumb. — No  qualification 
fixed  for  trustee  and  no  requirements  as  to  woman 
physician,  etc. — Pol.  Code,  Sec.  133. 

Blind  Asylum. —  Sec.  152.  Institution  for 
Feeble  Minded — Sec.  1150.  Industrial  School- 
Sec.  1172.  Insane  Asylum — Sec.  1181.  No 
qualifications. 

Notary  Public. — Governor  appoints  "from 
among  the  citizens  of  either  sex." — Sec.  535. 

Senators  must  be  qualified  electors  and  residents. 
—Const.,  Art.  II.,  Sec.  28. 

Representatives  must  be  qualified  electors  and 
residents. — Sec.  34. 

Governor  and  Lieutenant-Governor  must  be 
electors  and  residents. — Art.  II.,  Sec.  73. 


Ohio  115 

Judges  of  the  Supreme  Court. — Lawyer,  citizen, 
and  resident. — Art.  IV.,  Sec.  94. 

Judges  of  the  district  court. — Lawyer,  resident, 
and  elector. — Sec.  107. 

County  Judge. — Same  as  district,  i.e.,  elector.— 
Sec.  in. 

Justice  of  the  peace  and  police  magistrate. 
No  qualification. 


OHIO 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage. 

Constitution,  Art.  V.,  Sec.  I.— "Every  white 
male  citizen  of  the  United  States  of  the  age  of 
twenty-one  years  .  .  .  shall  have  the  qualifications 
of  an  elector  and  be  entitled  to  vote  at  all  elec- 
tions." Bates's  Annotated  Statutes,  1908,  Sec. 
2926J.  "Every  male  person  who  is  a  citizen  of  the 
United  States  and  a  lawful  resident  of  this  state, 
and  of  any  city  wherein  registration  is  required 
.  .  .  shall  .  .  .  be  registered. " 

Sec.  2919-1.  Primary  elections,  "qualified  elec- 
tors" only  may  vote. 

SPECIAL  SUFFRAGE. — Women  have  a  limited  school 
suffrage. 

I.  Schools— An.  Stat.,  Sec.  3970-12.  "Every 
woman  born  in  the  United  States  or  who  is  a  wife 


n6       Political  Status  of  Women 

or  daughter  of  a  citizen  of  the  United  States,  who 
is  over  twenty-one  years  of  age  and  possesses  the 
necessary  qualification  in  regard  to  residence  as 
is  provided  for  men  shall  be  entitled  to  vote  and 
be  voted  for  for  member  of  the  Board  of  Education 
and  upon  no  other  question,  [i.e.,  not  for  State 
Superintendent  or  on  bond  issues].  The  law 
relative  to  registration  shall  apply  to  women  upon 
whom  the  right  to  vote  is  conferred,  but  the  names 
of  such  women  may  be  placed  upon  a  separate 
list."  (91  v.  182,  97v.  354.) 

(N. B. — As  enacted  in  91  v.  182  this  was  held  to 
be  constitutional. — State  vs.  Board  of  Education, 
9  C.  C.  134;  2  O.  D.  94,  construing  Const.,  Art. 
V.,  Sec.  i.) 

"The  constitutional  power  of  the  legislature 
to  provide  for  Common  Schools  is  not  limited  by 
the  definition  of  elector  in  Constitution,  Art.  V., 
Sec.  I,  and  the  right  to  vote  for  school  officers  may 
be  conferred  on  women."  Also  the  right  to  be 
voted  for. — State  vs.  Board  of  Education,  supra. 

To  the  same  effect. — State  ex  rel  vs.  Cincinnati, 
19  Ohio  178. 

2.  Municipal    suffrage. — Women    have    none. 
An.  Stat.,  Sec.   1536-984. — A  person  qualified 

as  a  county  elector  residing  in  a  municipality  is  a 
qualified  municipal  elector. 

3.  Local    option. — An.    Stat.,    Sec.    4364-24. 
"When  one  fourth  of  the  qualified  electors  in 
any  township,  residing  outside  of  any  municipal 


Ohio  117 

incorporation,  shall  petition  trustees  .  .  ."  there 
shall  be  a  special  election  "conducted  in  all  respects 
as  provided  by  law  for  the  election  of  township 
trustees. " 

Sec.  4364-3Oa. — "Majority  of  qualified  electors 
of  residence  district  of  any  municipal  corporation 
..."  may  file  a  petition  with  the  mayor  and  have 
a  public  hearing  on  the  question. 

Sec.  4364~30g. — "The  term  'qualified  elector' 
as  used  in  this  act  means  registered  male  voters 
in  all  municipal  corporations  which  have  regis- 
tration and  all  other  male  voters  entitled  to 
register.  ...  In  municipalities  which  do  not 
have  registration  such  male  voter  or  male  qualified 
elector  must  be  a  bona  fide  resident.  ..." 

OFFICE-HOLDING. — Constitution,  Art.  XV.,  Sec. 
4.  "No  person  shall  be  elected  or  appointed  to 
any  office  in  this  state  unless  he  possesses  the 
qualifications  of  an  elector. " 

The  act  of  86,  v.  221  creating  a  board  of  work- 
house directors  composed  of  females  for  the  female 
department  creates  an  office  and  this  can  only  be 
held  by  electors,  construing  Const.,  Art.  XV., 
Sec.  4. — State  ex  rel  Rupp  vs.  Rust,  4  C.  C.  329. 

An.  Stat.,  Sec.  no. — Notaries  public  appointed 
by  governor  on  certificate  of  certain  judges,  from 
among  the  citizens  of  the  state. 

A  woman  cannot  act  as  notary  public. — State  ex 
rel  vs.  Adams,  58  O.  S.  612,  construing  Const., 


n8        Political  Status  of  Women 

Art.  XV.,  Sec.  4  and  Const.,  Art.  V.,  Sec.  I. 
Compare  also  State  vs.  McKinley,  25  Bull  32, 
57  O.  S.  628. 

Sec.  565. — "No  person  shall  be  excluded  from 
acting  as  an  attorney-at-law  and  practising  in  all 
the  courts  of  this  state  on  account  of  sex."  (75 
v.  563,  Sec.  I.) 

Sec.  1536,  Sub-sec.  934. — "The  custody,  con- 
trol and  administration  together  with  the  erection 
and  equipment  of  free  public  libraries  established 
by  municipal  corporations  shall  be  vested  in  six 
trustees,  not  more  than  three  of  whom  shall  belong 
to  one  political  party  and  not  more  than  three  of 
whom  shall  be  women.  .  .  .  Every  woman  born 
or  naturalized  in  the  United  States  of  the  age  of 
twenty-one  years  and  upward,  who  shall  have  been 
a  resident  of  the  state  for  at  least  one  year,  and  of 
the  city  or  village  in  which  any  such  library  may 
be  established  for  a  period  of  thirty  days,  shall 
be  qualified  to  be  appointed  and  serve  as  such 
trustee."  (96  v.  91,  Sec.  218;  97  v.  35.) 

(N.B. — Has  this  section  1536  been  passed  on  in 
any  court?  Quaere  if  constitutional  under  con- 
struction given  Const.,  Art.  XV.,  Sec.  4.)  Com- 
pare also  with  the  following: 

"This  section,  Const.,  Art.  XV.,  Sec.  4,  does  not 
apply  to  the  office  of  deputy  clerk  of  the  Probate 
Court  and  therefore  a  female  is  eligible  to  that 
office  and  may  lawfully  discharge  its  duties." 
— Warwick  vs.  State,  25  O.  S.  21. 


Oklahoma  119 

An.  Stat.,  Sec.  3921  a. — School  directors  must  be 
qualified  electors. 

Laws  of  1908,  p.  32. — Child  Labor  Law.  Eight 
female  visitors  appointed  by  the  chief  factory 
inspector. 

Laws  of  1908,  p.  349. — Establishes  visiting 
committee  of  women  for  state  benevolent  cor- 
rectional and  penal  institutions. 

An.  Stat.,  Sec.  64oa  (89  v.  347).  There  shall 
be  female  physicians  in  insane  asylums.  There 
shall  be  matrons  in  police  stations  of  cities  of 
more  than  ten  thousand  inhabitants  (Sec.  1536- 
685);  penitentiaries  (Sec.  7388-4),  and  jails  (Sec. 
7388a). 


OKLAHOMA 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
general  suffrage. 

"The  qualified  electors  of  the  State  shall  be 
male  citizens  of  the  United  States,  male  citizens 
of  the  State,  and  male  persons  of  Indian  descent 
native  of  the  United  States  who  are  over  twenty- 
one  years.  .  .  ." — Const.,  Art.  III.,  Sec.  I. 

Compiled  Laws  of  1908,  Sec.  3193. — Elections, 
follows  constitution  in  terms. 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have 
school  suffrage  but  not  on  questions  of  bond  issue, 


120       Political  Status  of  Women 

etc.,  even  for  school  purposes,  and  do  not  vote  for 
school  officers  above  district  officer. 

I.     School. — "Until  otherwise  provided  by  law, 
all  female  citizens  of  this  State,  possessing  like 
qualifications  of  male  electors,  shall  be  qualified 
to  vote  at  school  district  elections  or  meetings.  "• 
Const.,  Art.  III.,  Sec.  3. 

Election  for  school  bonds  in  cities  of  the  first 
class  to  be  by  "qualified  electors  in  district. "- 
Compiled  Laws,  Sec.  8030-31. 

District  meetings.  Who  may  vote.  "All  female 
persons  over  the  age  of  twenty-one  years  who  are 
citizens  of  the  United  States  or  shall  have  de- 
clared their  intentions  to  become  such,  and  who 
shall  be  residents  of  the  District  at  the  time  of 
offering  to  vote. " — Compiled  Laws,  Sec.  8054. 

A  petition  for  high  school  may  be  filed  by  one 
third  electors. — Compiled  Laws,  Sec.  8134. 

Election  on  high  school  question  to  be  held  as 
elections  for  county  officers,  that  is,  women  may 
not  vote  for  it. — Compiled  Laws,  Sec.  8136. 

County  Superintendents  of  Public  Instruction 
are  elected  with  other  county  officers,  i.e.,  women 
do  not  vote  for  them. — Compiled  Laws,  Sec.  7965. 

"Any  female  who  is  entitled  to  vote  for  members 
of  the  school  board  may  be  registered  for  such 
purpose  by  the  regular  registration  officer  of  her 
precinct  during  the  period  when  his  books  are 
open  for  general  registrations.  Females  who  so 
registered  shall  be  listed  by  the  registration  officer 


Oklahoma  121 

in  a  list  or  book  separate  from  the  general  regis- 
tration list." — Compiled  Laws,  Sec.  1016. 

2.     Municipal  suffrage. — Women  have  none. 

A  board  of  freeholders  who  shall  be  qualified 
electors  and  elected  by  qualified  electors  to  frame 
charter  of  city.  Charter  adopted  by  vote  of  quali- 
fied electors.— Const.,  Art.  XVIII.,  Sec.  3. 

Municipal  Elections.  General  law  governs, 
(Sec.  I002a). 

Question  of  issue  of  bonds,  granting  franchise, 
etc.,  submitted  to  "qualified  electors  of  munici- 
pality."— Compiled  Laws,  Sec.  1018. 

"All  electors  entitled  to  vote  at  any  general 
city  or  town  election  and  who  are  qualified  to 
vote  according  to  the  provision  of  the  Constitu- 
tion or  law  applicable  to  the  question  shall  be 
entitled  to  vote  at  such  election. " — Sec.  1020. 

Bonds  for  school  purposes  come  under  this 
section. — Sec.  1021. 

OFFICE-HOLDING. — Women  may  hold  any  office 
from  which  they  are  not  specially  excluded. 

Qualifications  for  particular  offices. — Legislators 
must  be  "qualified  electors." — Const.,  Art.  V., 
Sec.  17. 

Governor,  Lieutenant-Governor,  Secretary  of 
State,  State  Auditor,  Attorney-General,  State 
Treasurer,  Superintendent  of  Public  Instruction, 
State  Examiner  and  Inspector  must  be  "male  citi- 
zens of  United  States.  "—Const.,  Art.  VI.,  Sec.  3. 


122        Political  Status  of  Women 

No  qualification  in  the  Constitution  for  Com- 
missioner of  Labor,  Insurance  Commissioner, 
Chief  Mine  Inspector,  Board  of  Agriculture. 

Commissioner  of  Charities  and  Corrections. 
"Said  officer  may  be  of  either  sex." — Const.,  Art. 
VI.,  Sec.  27. 

Judge  of  Supreme  Court. — Citizen,  resident,  and 
attorney. — Const.,  Art.  VII.,  Sec.  3. 

Board  of  Education. — Composed  of  Governor, 
Superintendent  of  Public  Instruction,  etc. — Const., 
Art.  XIII. 

Attorneys. — No  sex  qualifications. — Compiled 
Laws,  Sec.  252. 

Notaries  Public. — No  qualifications,  governor 
appoints. — Sec.  4741. 

Jurors. — "All  male  citizens  having  the  qualifi- 
cations of  electors." — Compiled  Laws,  Sec.  3991. 


OREGON 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage. 

Const.,  Art.  II.,  Sec.  2. — "In  all  elections  not 
otherwise  provided  for  by  this  constitution  every 
white  male  citizen  of  the  United  States  .  .  .  (and 
every  white  male  foreigner  with  first  naturalization 
papers)  .  .  .  shall  be  entitled  to  vote." 

The  word  "white"  rendered  void  by  Fifteenth 
Amendment  to  United  States  Constitution. — Wood 
vs.  Fitzgerald,  3  Or.  579. 


Oregon  123 

SPECIAL  SUFFRAGE. — Women  have  school  suffrage. 

1.  School. — Laws  of  1898,  p.  22.     In  all  school 
districts,  any  citizen  of  the  state,  male  or  female, 
married  or  unmarried,  shall  be  entitled  to  vote  at 
any  school   election   or  school   meeting,   who   is 
twenty-one  years  of  age  and  has  property  of  the 
value  of  at  least  one  hundred  dollars  upon  which 
he  or  she  is  required  to  pay  a  tax,  provided  in  dis- 
tricts   of    less    than    one    thousand    inhabitants, 
widows  and  male  citizens  over  twenty-one  who 
have  children  in  the  district  of  school  age  shall 
be   entitled   to   vote   for   the   election   of   school 
directors  or  school  clerk. 

Const.,  Art.  II.,  Sec.  2,  held  not  to  apply  to 
school  elections  and  statutes  permitting  women  to 
vote  at  such  elections  are  not  unconstitutional. — 
Harris  vs.  Burr,  32  Or.  348. 

2.  Municipal  suffrage. — Women  have  none. 
Article  XI.,  Sec.  2,  of  the  Constitution,  which 

authorizes  the  formation  of  municipal  corporations 
by  special  laws  and  Aryt.  VI.,  Sec.  7,  authorizing 
the  election  of  city  officers  "in  such  manner  as 
may  be  prescribed  by  law,"  do  not  empower  the 
legislature  to  prescribe  the  qualifications  of  voters 
at  municipal  elections,  as  "manner"  has  not 
such  a  broad  meaning.  The  qualifications  are 
determined  by  Const.,  Art.  II.,  Sec.  2. — Livesley 
vs.  Litchfield,  47  Or.  248. 

OFFICE-HOLDING. — Women  are  expressly  excluded 


124        Political  Status  of  Women 

from  county  offices  but  are  eligible  to  practically 
all  others. 

Const.,  Art.  IV.,  Sec.  8. — Senators  and  represen- 
tatives must  be  citizens  and  inhabitants  of  dis- 
trict. 

Const.,  Art.  V.,  Sec.  2. — Governor,  citizen  and 
resident. 

Const.,  Art.  VI. — Secretary  of  State  and  Treas- 
urer, no  qualifications. 

Const.,  Art.  VI.,  Sec.  8.— "No  person  shall  be 
elected  or  appointed  to  a  county  office  who  shall 
not  be  an  elector  of  the  county. " 

Const.,  Art.  VII.,  Sec.  2. — Judges  shall  be 
citizens  and  residents. 

Const.,  Art.  VII.,  Sec.  18.—  "The  legislature 
shall  provide  that  the  most  competent  of  the 
permanent  citizens  of  the  county  shall  be  chosen 
as  jurors. " 

Const.,  Art.  X.,  Sec.  i.— "The  militia  of  this 
state  shall  consist  of  all  able-bodied  male  citizens. " 

Gen.  Laws,  Sec.  4322. — Women  over  the  age 
of  twenty-one  who  are  citizens  of  the  state  and 
of  the  United  States  shall  be  eligible  to  all  educa- 
tional offices  within  the  state. 

This  was  held  unconstitutional  as  applying  to 
the  office  of  county  superintendent  of  schools  in 
State  vs.  Stevens,  29  Or.  464,  as  the  constitution 
prescribes  that  no  person  shall  hold  county  office 
except  electors. 

A  peremptory  writ  of  mandamus  will  issue  to 


Pennsylvania  125 

a  woman  elected  school  superintendent  to  compel 
her  predecessor  to  turn  over  the  records  of  the 
office  and  her  eligibility  will  not  be  inquired  into 
in  such  a  proceeding,  nor  will  the  constitutionality 
of  the  statute  authorizing  women  to  hold  such  an 
office. — Stevens  vs.  Carpenter,  27  Or.  553. 

Gen.  Laws,  Sec.  1054. — "Hereafter  women  shall 
be  admitted  to  practise  law  as  attorneys,  in  the 
courts  of  this  state,  upon  the  same  terms  as 
men." 

Prior  to  this  (1891)  the  courts  had  not  power  to 
admit  women  as  attorneys. — In  re  Leonard,  12 
Or.  93- 


PENNSYLVANIA 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage. 

Const.,  Art.  VIII.,  Sec.  i. — "Every  male  citizen 
of  twenty-one  years  of  age  possessing  the  follow- 
ing qualifications  shall  be  entitled  to  vote  at  all 
elections"  (residence,  length  of  citizenship  and 
county  tax). 

Purdon's  Digest  of  Statutes,  Elections,  Sec.  II.— 
Duty  of  registration  assessor  to  enter  on  qualified 
entry  list  names  of  "all  male  citizens  twenty-one 
years,  etc.,"  as  in  Constitution. 

Repeated  in  Sec.  91  of  Elections. 

A  female  is  not  a  qualified  elector  in  this  state. 


126        Political  Status  of  Women 

Construing  the  word  "Freeman"  in  Const.,  Art. 
I.,  Sec.  i,  of  that  date  (1871). — Burnham  vs. 
Luning,  9  Phila.  241,  20  P.  L.  J.  35. 

SPECIAL  SUFFRAGE. — Women  have  no  special 
suffrage;  there  is  practically  none  in  the  state. 

Pur. ,  Dig. ,  Boroughs,  Sec.  146. — ' '  The  inhabitants 
of  every  borough  .  .  .  entitled  to  vote  for  mem- 
bers of  the  General  Assembly  are  to  elect  the 
burgess  and  town  council,  etc." 

Common  Schools,  Sec.  64. — Directors  are  to  be 
elected  by  the  general  electors. 

Common  Schools,  Sec.  35. — School  taxes  fixed 
by  the  school  directors  or  controllers  of  the  dis- 
trict. 

OFFICE-HOLDING. — Women  hold  no  practical  offices 
except  school  offices,  though  they  are  not  excluded 
by  Constitution  or  statute. 

Const.,  Art.  II.,  Sec.  5. — Senators  and  repre- 
sentatives, citizens  and  inhabitants. 

Const.,  Art.  IV.,  Sec.  5. — Governor  and  lieu- 
tenant-governor, citizens  and  inhabitants. 

Const.,  Art.  IV.,  Sec.  7. — Secretary  of  the  Com- 
monwealth, Attorney-General,  Superintendent  of 
Public  Instruction,  no  qualifications. 

Const.,  Art.  V. — Judges,  no  qualifications. 

Const.,  Art.  X.,  Sec.  3. — "Women  twenty-one 
years  of  age  and  upwards  shall  be  eligible  to  any 
office  of  control  or  management  under  the  school 
laws  of  this  state. " 


Pennsylvania  127 

Const.,  Art.  X.,  Sec.  3,  applies  to  positions  of 
control  and  management  only  (as  state  superin- 
tendent) and  therefore  a  Board  of  Education  can 
determine  that  only  male  teachers  shall  be  prin- 
cipals of  certain  schools. — Com.  vs.  Board  of  Pub. 
Education,  187  Pa.  70. 

Even  if  a  woman  is  eligible  to  the  office  of  super- 
vising principal  as  an  office  of  control  and  manage- 
ment, she  need  not  be  elected  because  she  is  a 
candidate. — Com.  vs.  Jenks,  154  Pa.  368.  Sherry 
vs.  Sheppard,  12  Pa.  C.  C.  168. 

Const.,  Art.  XIV.,  Sec.  2. — County  officers  are 
to  be  elected. 

Sec.  3. — No  person  is  to  be  appointed  in  a 
county  unless  he  is  a  citizen  and  inhabitant. 

Pur.,  Dig.,  Attorneys,  Art.  I.,  Sec.  2. — "A  com- 
petent number  of  persons  of  an  honest  disposition." 
Women  may  be  admitted  under  this.  Kilgore's 
Application,  14  W.  N.  C.  466,  s.  c.  W.  N.  C.  475, 
14;  Richardson's  case,  3  D.  P.  299;  Kast's  case, 
14.  Pa.  C.  C.  432.  Married  women  also  eligible, 
Kilgore's  case,  2  Del.  Co.  Rep.  105. 

Pur.,  Dig.,  Charities,  Sec.  I. — -Board  appointed 
by  Governor,  no  qualifications. 

Infants,  Sec.  70. — Court  of  Common  Pleas 
appoints  a  board  of  visitation  of  "six  or  more 
reputable  citizens"  to  inspect  all  custodial  in- 
stitutions. 

Juries,  Sec.  2. — Qualified  electors  only  are 
eligible. 


128        Political  Status  of  Women 

Libraries,  Sec.  i. — Governor  appoints  five  per- 
sons who  shall  constitute  free  library  commission. 

Sec.  5. — City  Councils  appoint  local  library 
board  or  commission.  No  qualification. 

Lunatic  Asylums,  Sec.  162. — Trustees  may  ap- 
point a  skilful  woman  physician  where  there  are 
male  and  female  patients. 

Sec.  21. — Women  may  be  appointed  members  of 
the  Board  of  Visitors,  appointed  by  the  State 
Board  of  Charities  (Sec.  30). 

Municipal  Corporation,  First  Class. 

Sec.  25. — Qualification  of  councilman  same  as 
member  of  House  of  Representatives. 

Sec.  74. — Mayor,  a  resident. 

Sec.  698. — "No  person  shall  be  eligible  as  con- 
troller of  the  public  schools  in  the  first  district 
of  the  Commonwealth  unless  he  have  the  quali- 
fications to  serve  as  a  member  of  the  state  senate. " 

Notaries  Public,  Sec.  6. — "From  and  after  the 
passage  of  this  act,  women  being  twenty-one 
years  of  age  and  citizens  of  this  commonwealth 
shall  be  eligible  to  the  office  of  notary  public." 

(1893.) 

Police  Matrons,  Sec.  102. — In  all  cities  of  the 
first  and  second  class,  police  matrons  are  required 
to  be  appointed. 


Rhode  Island  129 

RHODE  ISLAND 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
general  suffrage. 

Art.  II.  of  Constitution,  Sec.  I. — " Every  male 
citizen  of  the  United  States  .  .  .  (residing  and 
owning  real  estate  in  a  town)  .  .  .  shall  thereafter 
have  a  right  to  vote  in  the  election  of  all  civil  officers 
and  upon  all  questions  in  all  legal  town  or  ward 
meetings  so  long  as  he  continues  so  qualified.  ..." 
One  owning  land  outside  town  votes  at  election  for 
general  officers  and  members  of  assembly  if  he 
lives  in  town. 

(N.B. — All  officers  are  elected  at  the  town  and 
ward  elections.) 

Sec.  2  gives  taxpaying  as  alternative  to  land 
owning  as  qualification. 

Amendment  VII.,  1888,  to  Art.  II.,  Sec.  2. 
"Every  male  citizen  of  the  United  States  .  .  . 
(age,  residence  and  registration)  ..."  i.e.,  abol- 
ishes taxpaying  basis  which  was  the  alternative 
of  Sec.  i  (land  owning)  and  contained  in  Sec.  2 
of  Art.  II.,  except  that  to  vote  for  town  council 
or  on  money  question  still  requires  taxpaying 
qualification. 

Ch.  6,  Voters,  Sec.  i.— "The  following  two 
classes  of  male  citizens  of  the  United  States  .  .  ." 
are  voters:  (i)  registered  voters — two  years'  resi- 
dence; (2)  unregistered,  land-owning — one  year's 
residence. 


130        Political  Status  of  Women 

Sees.  2-3 — Unregistered  landowners  outside  of 
town  (one  year's  residence)  can  vote  for  general 
officers,  etc. 

(N.B. — Husband's  right  to  possession  and  to 
curtesy  appear  to  be  "estates"  under  the  law 
entitling  him  to  vote.) 

OFFICE-HOLDING. — Women  hold  no  elective  or 
constitutional  office  except  school  committee  but  are 
eligible  to  a  number  of  minor  administrative  ones. 

"No  person  shall  be  eligible  to  any  civil  office 
(except  the  office  of  school  committee)  unless  he 
be  a  qualified  elector  for  such  office." — Const., 
Art.  IX.,  Sec.  I. 

Qualifications  for  Particular  Officers. — Police 
Matrons.  "  In  every  city  in  this  state"  there  shall 
be  police  matrons  to  be  recommended  by  twenty 
women  in  good  standing. — Gen.  Laws,  ch.  361, 
Sees.  1-2. 

Notary  Public,  appointed  by  governor.  No 
qualification  except  that  contained  in  Const., 
Art.  IX.,  ch.  24. 

Town  Officers,  no  qualifications. — Ch.  49. 

Board  of  Education  for  State,  no  qualification 
except  that  one  member  is  to  be  from  each  town, 
elected  by  general  assembly. — Ch.  63. 

Commissioner  of  Public  Schools,  elected  by 
general  assembly. — Ch.  64. 

School  Committee,  "three  residents  of  the 
town."— Ch.  66,  Sec.  4. 


South  Carolina  131 

(N.B. — Women  have  served;  Pawtucket  charter 
requires  one  to  be  a  woman.) 

Governor  appoints  ".  .  .  One  chief  and  two 
assistant  factory  inspectors,  one  of  whom  shall  be 
a  woman." — Ch.  78,  Sec.  3. 

State  Home  and  School  for  Children.  "The  said 
board  shall  consist  of  seven  persons,  four  of  whom 
shall  be  men  and  three  women." — Ch.  102,  Sec.  2. 

Institution  of  the  Deaf,  nine  members  of  Board, 
six  men  and  three  women. — Ch.  101,  Sec.  I. 

(N.B. — No  other  State  Institution,  not  penal, 
requires  women  on  its  boards.) 

Jurors. — "All  persons  over  twenty-one  years  of 
age  who  are  qualified  to  vote  in  the  election  of  the 
city  council  ...  or  upon  any  proposition  to 
impose  a  tax  .  .  .  shall  be  liable  to  serve  as 
jurors." — Ch.  279,  Sec.  I. 

Probation  Officer. — Probation  officer  shall  ap- 
point assistants  "of  whom  one  at  least  shall  be  a 
woman." — Ch.  351,  Sec.  5. 

Board  of  Female  Visitors  to  all  penal  institutions 
where  women  are  confined.  Inspect  institutions. 
-Ch.  361. 


SOUTH  CAROLINA 

GENERAL   STATE   SUFFRAGE. — Women   have   no 
state  suffrage. 

Constitution,   Art.    I.,    Sec.    10. —  "Every    in- 
habitant of    this  State  possessing   the  qualifica- 


132        Political  Status  of  Women 

tions  provided  for  in  this  Constitution  shall  have 
equal  right  to  elect  officers  and  be  elected  to  fill 
public  offices. " 

Sec.  ii. — There  shall  be  no  property  qualifi- 
cation for  any  election  or  to  hold  office  unless 
prescribed  in  this  Constitution.  Voters  are  ' '  every 
male  citizen  of  this  state  and  of  the  United  States 
.  .  ."of  age,  not  under  disabilities,  and  qualified 
as  to  .  .  . — (a)  residence ;  (b)  registration ;  (c  and 
d)  educational;  (e)  tax.  Art.  II.,  Sees.  3-4. 

Sec.  6. — Disqualified  for  suffrage:  (i)  certain 
classes  of  convicts;  (2)  idiots  and  paupers. 

Elections. — "Every  male  citizen  .  .  .  (qualifi- 
cations  of   electors   as   in   constitution)  .  .  ."- 
Civil  Code,  Sec.  174. 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have  no 
form  of  suffrage,  except  certain  rights  as  free- 
holders. 

1.  Local  option. — General  Assembly  may  pro- 
hibit  and  regulate  liquor  selling. — Constitution, 
Art.  VII.,  Sec.  n. 

Election  to  determine  re-opening  of  dispensaries. 
"Any  person  who  is  a  qualified  elector  may  vote 
at  such  elections."— (1909.)  Sec.  15,  No.  47. 

2.  School.    School  tax.    Voters  are  authorized 
to  levy  such  tax  upon  written  petition  of   one 
third  resident  electors  "and  a  like  proportion  of 
resident   freeholders   of   the   age   of   twenty-one 
years  .  .  ."—Civ.  Code,  Sec.  1208. 


South  Carolina  133 

3.  Tax  and  bond  issue. — "In  authorizing  a 
special  election  in  any  incorporated  city  or  town 
in  this  State  for  the  purpose  of  bonding  the  same, 
the  general  assembly  shall  prescribe  as  a  condition 
precedent  to  the  holding  of  said  election  a  petition 
from  the  majority  of  the  freeholders  of  said  city 
or  town  as  shown  by  its  tax  books,  and  at  such 
elections  all  electors  of  such  city  or  town  who  are 
duly  qualified  for  voting  under  Sec.  12  of  this 
Article  and  who  have  paid  all  taxes,  state,  county 
and  municipal,  for  the  previous  year  shall  be 
allowed  to  vote  .  .  ." — Const.,  Art.  II.,  Sec.  13. 

Wilson  vs.  Florence,  20  L.  R.  A.  720,  39  S.  C. 
392,  holds  this  section  of  charter  constitutional, 
at  least  allows  corporations  to  vote  under  it. 

The  General  Assembly  has  power  to  permit 
adult  females  who  own  one  hundred  dollars'  worth 
of  taxable  property  within  the  corporate  limits  of  a 
town  to  vote  at  any  election  to  decide  whether 
bonds  of  the  town  be  issued  to  procure  railroad 
extensions.  Woodley  vs.  Town  of  Clio,  44  S.  C. 
374,  22  S.  E.  410  (1895)  construing  a  Special  Act — 
21  St.  at  L.,  Sees.  1068-1069. 

Municipal  Elections  follow  constitution. — Civ. 
Code,  Sec.  197. 

OFFICE-HOLDING. — Women  hold  no  office  except 
that  of  librarian  and  clerical  positions. 

"No  person  shall  be  elected  or  appointed  to  any 
office  in  this  State  unless  he  possesses  the  quali- 


134        Political  Status  of  Women 

fications  of  an  elector:  provided  the  provisions  of 
this  section  shall  not  apply  to  the  offices  of  State 
Librarian  and  Departmental  Clerk,  to  either  of 
which  offices  any  woman,  a  resident  of  the  State 
two  years,  who  has  attained  the  age  of  twenty-one 
years  shall  be  eligible."— Const.,  Art.  XVII.,  Sec.  I. 

"  Every  qualified  elector  shall  be  eligible  to  any 
office  to  be  voted  for. " — Const.,  Art.  II.,  Sec.  2. 
Const.,  Art.  I.,  Sec.  10  and  n.  See  supra. 

Qualifications  for  particular  offices. — State  Su- 
perintendent of  Education,  no  qualifications. — 
Const.,  Art.  XL,  Sec.  i. 

State  Board  of  Education,  no  qualifications.— 
Sec.  2. 

General  Assembly  to  make  provision  for  other 
school  officers. — Sec.  3. 

Notaries  Public,  appointed  by  governor,  no 
qualifications.  —  Civil  Code,  ch.  XIX.,  Sec. 
662. 

No  qualifications  for  State  Librarian  (Sec.  725), 
State  Geologist  (Sec.  7354),  State  Entomologist 
(Sec.  741). 

County  officers,  no  qualifications. — Civ.  Code, 
ch.  XV. 

School  trustees  appointed  by  County  Board  of 
Education  from  "the  qualified  electors  and  tax- 
payers."—Ch.  XXIV.,  Sec.  1210. 

(N.B. — State  Board  appoints  County  Board, 
i.e.,  there  is  no  election  of  school  officers  by  the 
people  all  along  the  line,  except  that  special  school 


South  Dakota  135 

districts  of  twenty-five  thousand  and  more  inhabi- 
tants may  elect  such  officers. — Sec.  1210.) 

Attorneys. — ' '  Any  citizen  of  this  State. "  l '  Any 
person  of  good  moral  character  who  has  been 
admitted  in  any  of  the  United  States.'* — Civ. 
Code,  Sec.  2813. 

Senators  and  representatives  must  be  electors 
of  county. — Const.,  Art.  III.,  Sec.  7. 

Governor  must  be  citizen  and  resident. — Art. 
IV.,  Sec.  3.  Lieutenant-Governor  same. — Art. 
IV.,  Sec.  4. 

Judges,  citizens  and  attorneys. — Art.  V.,  Sec.  10. 

Jurors  must  be  qualified  electors. — Sec.  22. 

Clerk  of  Court,  Attorney-General,  Solicitor, 
Sheriff,  Coroner,  no  qualifications. 


SOUTH   DAKOTA 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage,  the  amendment  provided  for  by 
the  Constitution  having  been  lost  in  1890. 

Const.,  Art.  VII.,  Sec.  I. — "Every  male  person 
resident  of  this  State  ...  if  (i)  a  citizen  of 
United  States ;  (2)  holder  of  first  papers  .  .  .  shall 
be  deemed  a  qualified  elector. " 

Sec.  2. — Women  suffrage  amendment  to  be 
submitted  (lost  November,  1890). 

Elections. — "Every  male  person  resident  of  this 
state  .  .  .  shall  be  entitled  to  vote  at  any  election 


136        Political  Status  of  Women 

in  this  state,  and  all  persons  possessing  the  quali- 
fications mentioned  in  this  section  shall  be  eligi- 
ble to  any  office  except  as  is  otherwise  provided 
for  in  the  Constitution  or  by  law." — Political 
Code,  ch.  19,  Sec.  1866. 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have  fairly 
complete  school  suffrage. 

I.  Schools. — "Any  woman  having  the  qualifi- 
cations enumerated  in  Sec.  I  of  this  Article,  as 
to  age,  residence  and  citizenship,  including  those 
qualified  by  the  laws  of  the  territory,  may  vote  at 
any  election  held  solely  for  school  purposes  and 
may  hold  any  office  in  this  State,  except  as  other- 
wise provided  in  this  Constitution." — Const., 
Art.  VII.,  Sec.  9. 

Board  of  Education  and  treasurer  of  school 
district  elected. 

(N.B. — County  Superintendent  and  State  Super- 
intendent of  Schools  elected  at  general  election.— 
Laws  of  1907,  ch.  135,  as  amended  by  Laws  of 
1909,  ch.  45,  Sec.  180.  Therefore  women  do  not 
vote  for  them.) 

The  law  governing  school  taxes  is  as  follows: 

Chapter  21,  of  Public  Securities  (mainly  from 
chapter  135,  Laws  of  1907) : 

(a)  School  districts  created  by  special  act,  etc. 

Sec.  194. — Bonds  for  school  purposes  issued  when 
approved  at  elections  by  "majority  of  qualified 
electors." 


South  Dakota  137 

Sec.  195. — Election  conducted  as  election  for 
city  or  town  officers. 

(b)  School  bonds  issue  in  ordinary  school  dis- 
trict. 

Sec.  151. — Bonds  for  school  improvements  in 
school  district  issued  when  approved  by  "qualified 
electors"  at  election  held  after  petition  of  one 
third  of  the  voters,  at  regular  or  special  meeting. 

(c)  Cities  of  the  first  class — bond  issue. 

Sec.  164. — "All  persons  male  or  female  who  are 
qualified  electors  under  the  laws  of  the  State  shall 
be  competent  to  vote  at  such  elections'*  (sub- 
mitted to  city  election  by  Board  of  Education). 

2.  Municipal  suffrage. — Pol.  Code,  Sec.  1410. 
— Town  incorporated  under  this  act  (ch.  14)  by 
petition  of  fifty  legal  voters  and  election  of  "legal 
voters." 

Towns.  Incorporation  by  County  Commission- 
ers with  assent  of  "qualified  voters"  at  special 
election. — Pol.  Code,  ch.  15,  Sec.  1417-25. 

OFFICE-HOLDING. — Women  may  hold  any  office 
from  which  they  are  not  expressly  excluded. — Cf. 
Const.,  Art.  VII.,  Sec.  9,  supra. 

Qualifications  for  Particular  Offices. — Senator 
and  representative  must  be  qualified  electors, 
citizens,  and  residents. — Const.,  Art.  III.,  Sec.  3. 

Governor  and  lieutenant-governor  must  be  qual- 
ified electors  and  residents. — Const.,  Art.  IV., 
Sec.  2. 


138        Political  Status  of  Women 

No  qualification  for  secretary  of  state,  auditor, 
treasurer,  superintendent  of  public  instruction, 
commissioner  of  school  and  public  lands,  attorney- 
general. — Sec.  12. 

Judge  must  be  citizen  and  attorney. — Art.  V., 
Sec.  10. 

States  Attorney  must  be  resident  and  lawyer. — 
Sec.  25. 

Mayor  appoints  "three  competent  citizens"  as 
trustees  of  libraries. — Pol.  Code,  Sec.  1401. 

Attorney. — "No  person  shall  be  refused  a 
license  under  this  Article  on  account  of  sex." — 
Pol.  Code,  Sec.  685. 

Insane  Hospital. — Matron  required  to  be  ap- 
pointed.— Pol.  Code,  Sec.  523. 

School  for  Deaf  Mutes. — Matron  required  to  be 
appointed. — Pol.  Code,  Sec.  566. 

State  Board  of  Charity  and  Correction. — Five 
persons  appointed  by  governor. — Pol.  Code,  Sec. 
171. 

Governor  appoints  "from  among  eligible  citi- 
zens," notary  public. — Pol.  Code,  Sec.  5733. 

"All  county,  township  and  district  officers  shall 
be  electors  in  the  county,  township,  or  district 
in  which  they  are  elected,  provided  that  nothing 
in  this  section  shall  prevent  the  holding  of  school 
offices  by  any  person  as  provided  in  Sec.  9,  Art. 
VII."— Const.,  Art.  IX.,  Sec.  7. 

There  shall  be  appointed  by  governor  "three 
women  who  shall  constitute  a  committee  for 


Tennessee  139 

insane  hospital,  deaf  mute  school  and  peniten- 
tiary and  reform  school,"  to  report  on  sanitary 
condition  and  treatment. — Pol.  Code,  Sec.  307. 
(N.B. — These  are  not  exclusively  feminine  in- 
stitutions.) 


TENNESSEE 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage. 

"Every  male  person  of  the  age  of  twenty-one 
years,  being  a  citizen  of  the  United  States  .  .  . 
shall  be  entitled  to  vote  for  members  of  the  general 
assembly  and  other  civil  officers  for  the  county  or 
district  in  which  he  resides.  ..."  Poll  tax 
required  and  no  other  qualification  to  be  attached 
to  right  of  suffrage. — Const,  of  1870,  Art.  IV., 
Sec.  i. 

(N.B.—  "The  provision  that  words  importing 
the  masculine  gender  include  the  feminine  will  not 
be  given  such  a  broad  construction  as  to  hold  the 
office  of  Notary  Public,  or  any  other  office,  or  to 
vote." — State  ex  rel.  vs.  Davidson,  8  Pickle  535, 
536.) 

"Every  male  person" — follows  constitution  in 
terms. — Code  of  1896,  Sec.  1167. 

SPECIAL  OR  LOCAL  SUFFRAGE. — There  exists  prac- 
tically no  limited  suffrage  in  the  State. 
Const,  of  1870  contains  no  provision  on  educa- 


140        Political  Status  of  Women 

tion  (except  general  encouragement  of  learning 
and  school  fund). 

(N.B. — There  are  no  school  elections — the 
district  director  is  elected  at  regular  August  elec- 
tion, held  by  Sheriff,  under  regular  election  laws. — 
Code  of  1896,  Sec.  1419.) 

OFFICE-HOLDING. — Women  hold  no  office. — Cf. 
State  ex  rel.  vs.  Davidson,  supra,  except  certain 
school  offices  expressly  opened. 

"All  males  of  the  age  of  twenty-one  years,  who 
are  citizens  of  the  United  States  and  of  this 
State,  and  have  been  inhabitants  of  the  State, 
county,  district  or  circuit  the  period  required  by 
the  Constitution,  and  laws  of  the  State,  are 
qualified  to  hold  office  under  the  authority  of 
this  state  except:  ..."  (i)  bribe  offerers  or 
takers  or  other  infamous  criminals;  (2)  duelists; 
(3)  defaulters. — Code,  Sec.  1069. 

Const.,  Art.  IX.,  disqualifies  for  office:  (i)  min- 
ister (from  legislature) ;  (2)  atheists ;  (3)  duelists. 

(N.B. — This  is  the  only  section  on  officers  in 
Constitution.) 

Qualifications  for  particular  offices. — Repre- 
sentative must  be  a  citizen  of  United  States  and 
Tennessee  and  resident. — Const.,  Art.  II.,  Sec.  9. 

Judges  and  Attorney-General  must  be  resident. 
—Const.,  Art.  VI.,  Sees.  3-5. 

Other  State  and  County  officers,  no  qualifica- 
tions.— Const.,  Art.  VII. 


Tennessee  141 

State  Superintendent  of  Education  appointed 
by  governor,  no  qualification. — Code  of  1896, 
Sec.  1403. 

"Women  of  the  age  of  twenty-one  years,  and 
otherwise  possessing  the  necessary  qualifications, 
shall  be  eligible  for  said  position  of  County  Super- 
intendent of  Education." — Sec.  1410. 

District  Director. — "Any  person  shall  be  eligible 
to  the  office  of  director  who  is  qualified  by  being 
able  to  read  intelligently  and  write  legibly,  to 
perform  the  duties  required." — Code,  Sec.  1418. 

Code  of  1896,  Sec.    1446. —  Equal  pay  clause. 

1873. 

State  Librarian. — "Women  shall  be  eligible  to 
the  office  of  librarian." — Code  of  1896,  Sec.  1379. 

Notaries  Public. — "Elected  by  the  justices  of  the 
peace  in  county  court  assembled. " — Code  of  1896, 
Sec.  1144.  Same,  Sec.  3194. 

Women  not  eligible. — Cf.  State  vs.  Davidson, 
supra  but— 

Eligibility  of  woman  not  to  be  questioned  in 
collateral  proceeding  since  she  is  a  de  facto  officer. 
—Stokes  vs.  Acklin,  46  S.  W.  316,  3rd  Nat.  Bk. 
vs.  Smith,  47  S.  W.  1102. 

Jurors. — "Every  male  citizen  who  is  a  freeholder 
or  householder." — Code,  Sec.  5813. 

Charitable  Institutions  (Sees.  2578-2677) ;  as  to 
composition  of  boards,  there  are  no  provisions. 

Board  of  State  Charities. — Six,  appointed  by 
governor,  no  qualifications. — Sec.  2672. 


142        Political  Status  of  Women 

Ex  parte  Griffin,  71  S.  W.  746  (1901),  women 
held  ineligible  as  attorney,  construing  Sec.  5773 
of  Code  of  1896,  which  contained  no  provision 
as  to  sex.  Strong  dissenting  opinions.  Decision 
resulted  in  the  following  law: 

"That  any  woman  of  the  age  of  twenty-one 
years,  and  otherwise  possessing  the  necessary 
qualifications,  who  shall  hereafter  apply  for  the 
same,  may  be  granted  a  license  to  practise  law  in 
the  courts  of  this  State. " — Laws  of  1907,  ch.  69. 

"Although  a  woman  may  be  a  citizen,  she  is 
not  entitled  by  virtue  of  her  citizenship  to  take 
any  part  in  the  government,  either  as  a  voter  or  an 
officer,  independent  of  legislation  conferring  such 
rights  upon  her." — State  vs.  Davidson,  92  Tenn. 
357,  8  Pickle  351,  22  S.  W.  203,  20  L.  R.  A.  311. 


TEXAS 

GENERAL    STATE  SUFFRAGE. — Women    have  no 
general  suffrage. 

Const.,  Art.  VI.,  Sec.  I. — The  following  classes 
of  persons  not  allowed  to  vote:  minors,  idiots 
and  lunatics,  paupers,  felons,  soldiers.  Sec.  2.— 
"Every  male  person  subject  to  none  of  the  fore- 
going disqualifications,  who  shall  have  attained 
the  age  of  twenty-one  years  .  .  .  shall  be  deemed 
a  qualified  elector."  Civil  Stat.,  Sees.  1730  and 
1731  re-enacts  constitution  in  terms. 


Texas  143 

SPECIAL    SUFFRAGE. — Women    have    no    limited 
suffrage,  except  certain  rights  as  freeholders. 

1.  Municipal  suffrage. —  Municipal  suffrage  to 
be  the  same  as  state  suffrage  except  that  only 
taxpaying  electors  vote  on  questions  of  expending 
money  or  insuring  debt  in  city. — Civ.  Stat.,  Sec. 
1734-     (Cf.  also  Const.,  Art.  VI.,  Sec.  3.) 

2.  School  suffrage. — Elections  on  question  of 
raising  tax  in  school  districts.     "All  persons  who 
are  legally  qualified  voters  of  this  state  and  of  the 
county  of  their  residence  and  who  are  resident 
property  taxpayers  in  said  district  .  .  .  shall  be 
entitled  to  vote  in  any  school  district  election." — 
Civ.  Stat.,  Sec.  3942. 

If  "two-thirds  of  the  taxpayers  of  such  city  or 
town  shall  vote  for  such  tax,"  the  city  may  levy 
one  for  school  purposes,  "provided  the  charter 
allows."— Const.,  Art.  XII.,  Sec.  10. 

A  d  valorem  school  tax  authorized  provided  two 
thirds  of  the  qualified  property  taxpaying  voters 
of  the  district  vote  it. — Const.,  Art.  VII.,  Sec. 
3- 

Parents  may  unite  to  form  a  school  community 
and  petition  for  a  school. — Civ.  Stat.,  Art.  3947. 

School  tax  in  towns  and  villages.  "No  person 
shall  vote  at  said  election  unless  he  is  a  qualified 
voter  under  the  constitution  and  laws  of  this 
state  and  a  taxpayer  in  such  incorporated  dis- 
trict. "—Sec.  3998. 

3.  Local  option. —  Election  on  question  to  be 


144        Political  Status  of  Women 

by  qualified  voters. — Civ.  Stat.,  Art.  3389.  Cf. 
also  Const.,  Art.  XIV.,  Sec.  20. 

4.  Miscellaneous. — Legislature  may  pass  stock 
law.  "Provided  that  any  local  law  thus  passed 
shall  be  submitted  to  the  freeholders  of  the  section 
to  be  affected  thereby  and  approved  by  them 
before  it  shall  go  into  effect.  "—Const.,  Art.  XVI., 
Sec.  23. 

OFFICE-HOLDING. —  Women  hold  no  offices  though 
they  are  not  excluded  from  any  by  general  pro- 
visions and  from  only  a  few  by  special  provisions. 
Governor  must  be  citizen  and  resident. — Const., 
Art.  IV.,  Sec.  4.  Lieutenant-Governor,  same. — 
Sec.  1 6. 

Senators  and  representatives  must  be  qualified 
electors. — Const.,  Art.  III.,  Sees.  6-7. 

No  qualifications  for  secretary  of  state,  attorney- 
general,  controller,  treasurer,  and  commissioner 
of  general  land  office. — Art.  IV. 

Justices  of  the  various  courts  must  be  citizens 
and  attorneys. — Const.,  Art.  V.,  Sees.  2-6. 

School  trustee  must  be  able  to  read  and  write — 
only  qualification. — Civil  Stat.,  Art.  3953a- 

Governor  to  appoint  convenient  number  of 
notaries  public,  not  to  exceed  six  for  unorganized 
counties.  No  qualifications. — Civ.  Stat. ,  Art.  3503. 
Cf.  also  Const.,  Art.  IV.,  Sec.  26. 

Attorneys,  "any  person,"  no  qualifications., 
Arts.  255-56. 


Utah  145 

Board  of  managers  of  lunatic  asylum.  Five 
persons  appointed  by  the  governor,  no  qualifica- 
tions.— Art.  89. 

Blind  Asylum,  same. — Art.  144. 

Mayor  and  Aldermen  of  towns  must  be  electors. 
-Art.  395. 

Jurors,  "all  male  persons  over  twenty-one 
years  of  age." — Art.  3138. 

Board  of  Nurses'  examiners,  no  qualifications 
as  to  sex. — Act  of  1909,  p.  228,  Sec.i. 

A  woman  may  be  a  deputy  clerk  of  a  county. — 
Delany  vs.  State,  48  Tex.  Cr.  Rep.  594,  90  S.  W. 
642. 


UTAH 

Women  have  full  political  rights. 

"The  right  of  citizens  of  the  State  of  Utah  to 
vote  and  hold  office  shall  not  be  denied  or  abridged 
on  account  of  sex.  Both  male  and  female  citizens 
of  this  State  shall  enjoy  equally  all  civil,  politi- 
cal and  religious  rights  and  privileges." — Const., 
Art.  IV.,  Sec.  i. 

Taxpaying  qualification  for  male  citizens  alone 
is  unconstitutional. — Lyman  vs.  Martin,  2  U.  136. 

Compiled  Laws. — Sees.  803-4,  Registration,  re- 
peats qualifications  of  Sees.  I  and  2  of  Constitution 
with  form  of  oath  and  questions  (Art.  IV.,  Sec. 
2  deals  with  residence). 


146        Political  Status  of  Women 

Compiled  Laws,  Sec.  1299. — "A  female  citizen" 
exempt  from  jury  duty. 


VERMONT 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage. 

Const.,  Sec.  21. — "Every  man  of  the  full  age  of 
twenty-one  years,  having  resided  in  this  state  for 
the  space  of  one  whole  year  next  before  the  elec- 
tion of  Representatives,  and  if  of  a  quiet  and 
peaceable  behavior  and  will  take  the  following 
oath  or  affirmation  shall  be  entitled  to  all  privi- 
leges of  a  freeman  of  this  State." 

Amendment  I. — "No  person  who  is  not  already 
a  freeman  of  this  state,  shall  be  entitled  to  exercise 
the  privileges  of  a  freeman  unless  he  be  a  natural 
born  citizen  of  this  or  some  one  of  the  United 
States,  or  until  he  shall  have  been  naturalized 
agreeably  to  the  acts  of  Congress." 

Public  Statutes  of  1906,  Sec.  69. — Voters. 
"Every  male  citizen  twenty-one  years  of  age  .  .  . 
(residence)  .  .  .  shall  have  a  right  to  vote  at 
such  (general  election). " 

(N.B. — Freeman's  oath,  Constitution,  Sec.  21, 
still  retained.) 

Constitution,  Art.  VIII. — "All  free  men,  having 
a  sufficient,  evident,  common  interest  and  attach- 
ment to  the  community,  have  the  right  to  elect 


Vermont  147 

officers,  and  be  elected  to  office,  agreeably  to  the 
regulations  made  in  this  Constitution." 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have  full 
school  suffrage. 

1 .  School  suffrage. — ' '  Women, twenty-one  years 
of  age,  shall  have  the  same  right  as  men  to  vote 
on    matters    pertaining    to    schools    and    school 
officers,  and  the  same  right  to  hold  elective  and 
appointive  offices  relating  to  school  affairs." — 
Pub.  Stat.,  Sec.  986. 

Woman  must  be  on  tax  list  like  man  in  her 
own  name. — School  District  vs.  Bridport,  63  Vt. 

383. 

2.  Local    option. — Town    meeting    votes   on 
questions,  i.e.,  women  do  not  vote. — Pub.  Stat., 
Sec.  5104. 

Property  owner  can  object  to  issuance  of  ad- 
joining license. — Sec.  5119. 

3.  Town   franchise. — Voters.    "A    male    citi- 
zen .  .  .  (on  list  and  taxes  paid)  .  .  .  shall  be 
a  voter  in  town  meetings. " — Pub.  Stat.,  Sec.  3410. 

OFFICE-HOLDING. — There  is  no  express  exclusion 
of  women  from  any  office  and  a  number  of  minor 
offices,  including  school  offices,  are  expressly 
open. 

"All  free  men,  having  a  sufficient,  evident,  com- 
mon interest  and  attachment  to  the  community, 
have  the  right  to  elect  officers,  and  be  elected  to 


148        Political  Status  of  Women 

office,  agreeably  to  the  regulations  made  in  this 
Constitution." — Constitution,  Art.  VIII. 

Qualifications  for  particular  offices. — Senators 
must  be  freemen  of  the  County. — Amendment  to 
Const.,  Art.  IV. 

Representatives  must  be  freemen  of  the  County. 
—Amendment  to  Const.,  Art.  XXIII. 

11 A  woman  twenty-one  years  of  age  may  be 
elected  or  appointed  town  clerk,  town  treasurer 
and  trustee  of  town  libraries,  provided  she  has 
resided  in  such  town  one  year  preceding  such 
election  or  appointment." — Pub.  Stat.,  Sec.  3429. 

Notaries  Public. — "Women  twenty-one  years  of 
age  shall  be   eligible  to   such   appointment. "- 
Pub.  Stat.,  Sec.  3408. 

Attorneys. — Rules  regulating  admission  adopted 
by  Court.— Pub.  Stat.,  Sec.  1337. 

Reformatory  and  Penal  Institutions. — Board 
of  visitors,  composed  of  Governor,  lieutenant- 
governor  and  speaker,  for  state  penal  and  insane 
and  private  insane  institutions.  Pub.,  Stat.,  Sec. 
6017. — "The  Governor  may  in  his  discretion 
appoint  a  woman,  a  citizen  of  this  state,  as  a 
member  of  said  board.  The  duties  of  such  woman 
member  shall  be  only  to  examine  into  the  regu- 
lations and  management  of  each  institution  so 
far  as  relates  to  the  female  persons  therein  con- 
fined." 


Virginia  149 

VIRGINIA 

GENERAL   STATE   SUFFRAGE. — Women   have   no 

state  suffrage. 

Const.,  Art.  II.,  Sec.  18. — "Every  male  citizen 
of  the  United  States  of  twenty-one  years  of  age 
.  .  .  (resident)  .  .  .  shall  be  entitled  to  vote  for 
members  of  the  General  Assembly  and  all  officers 
elective  by  the  people." 

Sec.  23  excludes  idiots,  insane,  paupers,  crimi- 
nals, duelists. 

Annotated  Code,  Sec.  62. — Qualifications  of 
Voters.  "Every  male  citizen  of  the  United 
States  twenty-one  years  of  age  .  .  .  (resi- 
dent and  poll  tax,  etc.)  .  .  .  shall  be  entitled 
to  vote  for  members  of  the  General  Assembly  and 
all  officers  elected  by  the  people  and  in  any  special 
election  or  local  option  election  in  any  county, 
district,  city  or  town.  ..." 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have  no 
form  of  special  suffrage. 

1.  Local  option. — Elections  by  qualified  elec- 
tors  held  on  petition  of  qualified  voters. — An. 
Code,  Sees.  581  to  584.     Cf.  also  An.  Code,  Sec. 
62,  supra. 

2.  School  suffrage. — At  meeting  of  school  sub- 
district  "all  male  persons  qualified  to  vote  for 
members   of  the   general    assembly  .  .  .  (taxed) 
.  .  .  are  entitled  to  vote  concerning  such  sub- 


ISO        Political  Status  of  Women 

district  school  affairs,  and  any  person  entitled  to 
vote  at  such  meeting  may  be  chosen  thereby  as  a 
school  officer  of  such  sub-district." — Ch.  240  of 
Laws  of  1906,  Sec.  6. 

County,  city,  and  town  to  raise  additional  local 
school  taxes. — An.  Code,  Sec.  136. 

OFFICE-HOLDING. — Women  hold  no  offices  except 
that  of  Notary  Public. 

"Every  person  qualified  to  vote  shall  be  eligible 
to  any  office  of  the  state,  or  of  any  county,  city, 
town  or  other  sub-division  of  the  state,  wherein 
he  resides,  except  as  otherwise  provided  in  this 
Constitution  and  except  that  this  provision  as  to 
residence  shall  not  apply  to  any  office  elective  by 
the  people  where  the  law  provides  otherwise. 
Men  and  women  eighteen  years  of  age  shall  be 
eligible  to  the  office  of  Notary  Public,  and  qualified 
to  execute  the  bonds  required  of  them  in  that 
capacity. " 

Board  of  graduate  nurses  appointed  by  Governor 
to  regulate  examination  and  license  of  nurses. 
No  qualifications. — An.  Code,  Sec.  I766a~4. 

Board  of  Dentistry  examiners.  No  qualifications. 
—An.  Code,  Sec.  1767. 

Board  of  Medical  examiners.  "Men  learned  in 
medicine  and  surgery." — Sec.  1745. 

Board  of  Pharmacy.  "Five  registered  phar- 
macists," recommended  by  Virginia  Pharma- 
ceutical Association. — Sec.  1756. 


Virginia  151 

Jurors. — "All  male  citizens  over  twenty-one 
years  of  age.  .  .  ." — An.  Code,  Sec.  3139. 

Qualifications  of  Senator  and  Representative, 
that  of  persons  who  are  qualified  to  vote  for  same. 
—Const.,  Art.  IV.,  Sec.  44. 

Governor  must  be  a  citizen  of  United  States. — 
Const.,  Art.  V.,  Sec.  71. 

Lieutenant-Governor. — Citizen  of  United  States. 
-Sec.  77. 

Attorneys. — "Any  three  or  more  judges  of  the 
Supreme  Court  of  Appeals  voting  together,  under 
such  rules  and  regulations,  and  upon  such  examina- 
tion as  may  be  prescribed  by  the  said  court,  may 
grant  to  any  male  citizen  .  .  ."  a  license  in 
writing  to  practise  law  in  the  Courts  of  the  State. — 
An.  Code,  Sec.  3191. 

"Any  person  duly  authorized  and  practising 
as  counsel  or  attorney  at  law  in  any  state  or 
territory  .  .  .  may  .  .  .  practise  in  the  courts  of 
this  state." — Sec.  3192. 

Held  that  Supreme  Court  of  Virginia  must 
decide  whether  "person"  here  includes  woman,  and 
if  it  excludes  her  she  has  no  redress. — Ex  parte 
Lockwood,  154  U.  S.  116  (1893),  5  Va.  Law  Reg. 
326. 

Of  Schools.  Board  of  Education. — Const., 
Art.  IX.,  Sec.  130. 

Superintendent  of  Public  Instruction  elected 
(Sec.  131).  School  trustees,  district,  elected  (Sec. 
!33)-  No  qualifications  for  any  of  these  offices. 


152        Political  Status  of  Women 
WASHINGTON 

GENERAL  STATE  SUFFRAGE. — (See  p.  157.) 
Women  have  at  present  no  state  suffrage.  Their 
territorial  suffrage  was  declared  unconstitutional 
in  Bloomer  vs.  Todd,  3  Wash.  Ter.  59. 

Const.,  Art.  VI.,  Sec.  i. — "All  male  persons  of 
the  age  of  twenty-one  years  or  over  possessing 
the  following  qualifications  shall  be  entitled  to 
vote  at  all  elections. "  ( I )  Citizens,  United  States ; 
(2)  residents;  (3)  those  able  to  read  and  write. 

(N.B. — Woman  suffrage  clause  rejected  on 
adoption  of  Constitution,  Amendment  XXVII., 
Sec.  17.) 

Code  1910,  Sec.  4752.  Electors.  "All  male 
persons  .  .  ."  following  Constitution. 

SPECIAL  OR  LOCAL  SUFFRAGE. — (See  p.  157.) 
Women  have  full  school  suffrage. 

I.  School  suffrage. — "The  legislature  may  pro- 
vide that  there  shall  be  no  denial  of  the  elective 
franchise  at  any  school  election  on  account  of 
sex."— Const.,  Art.  VI.,  Sec.  2. 

"This  section  of  Constitution  confers  on  women 
who  are  eligible  the  right  to  vote." — Holmes  and 
Bull  Co.  vs.  Hedges y  13  Wash.  696. 

"Every  person,  male  or  female,  over  the  age  of 
twenty-one  years  who  ...  is  otherwise,  except 
as  to  sex,  qualified  to  vote  at  any  general  election, 
shall  be  a  legal  voter  at  any  school  election  and 


Washington  153 

no  other  person  shall  be  allowed  to  vote." — Code, 
Sec.  4661. 

Cf.  Holmes  Co.  vs.  Hedges,  13  Wash.  696,  43 
Pac.  944,  which  holds  this  applies  to  school  election 
in  cities  of  ten  thousand  and  over,  though  nothing 
said  in  statute  organizing  them. 

2.  Local  option. — "Qualified  voters"  vote  on 
question. — Code,  Sec.  6294. 

3.  Municipal    suffrage. — Cities,    First    class. 
May  frame  own  charter  and  control  suffrage. — 
Sec.  7494. 

Cities,  Second  class.  Electors  to  be  the  same  as 
in  general  election. — Sec.  7587. 

Cities,  Third  class,  "Qualified  electors  of  City  " 
shall  elect  officers. — Sec.  7673. 

Cities,  Fourth  class.  The  qualified  electors  of 
County  under  general  election  laws  are  electors 
of  such  cities. — Sec.  7725. 

Town  meeting  electors.  "Any  person  possess- 
ing the  qualifications  of  an  elector"  in  the  town. — 
Sec.  9336. 

OFFICE-HOLDING.— Women  cannot  hold  high  con- 
stitutional offices.  Quaere  if  they  may  hold  any 
public  office  except  school  office. 

"No  person  except  a  citizen  of  the  United 
States  and  qualified  elector  of  this  State  shall  be 
eligible  to  hold  any  state  office.  "-—Const.,  Art. 
III.,  Sec.  25. 

Constitution  does  not  in  terms  say  this  applies 


154        Political  Status  of  Women 

to  the  high  state  officers  mentioned  in  this  Article 
(governor  and  secretary  of  state,  etc.,  superinten- 
dent of  public  instruction),  but  it  is  noticeable  that 
this  Article  is  given  over  to  such  officers  and 
that  "State  officer"  generally  held  to  mean  them. 
By  inference  this  case  considers  other  offices  open 
to  non-electors. — State  vs.  Smith,  6  Wash.  494. 

Qualifications  for  particular  offices.  —  Legis- 
lator must  be  "qualified  voter  of  the  District."— 
Const.,  Art.  II.,  Sec.  7. 

Judges.    Attorneys. — Sec.  17. 

Persons  of  either  sex  may  hold  office  of  County 
Superintendent  of  Schools  without  violating  Con- 
stitution, and  the  Legislature  may  so  provide. — 
Russell  vs.  Guptill,  13  Wash.  362. 

State  Institutions.  Trustee  of,  etc.,  appointed 
by  governor. — Const.,  Art.  XII.,  Sec.  i. 

Code,  Sec.  6552,  requires  female  assistant  com- 
missioner of  labor  (1909). 

"No  person  shall  be  excluded  from  acting  as  an 
attorney  at  law  and  practising  in  all  the  courts 
of  this  State  on  account  of  sex." — Code,  Sec.  128. 

"The  Governor  may  appoint  and  commission  as 
Notaries  Public,  as  many  persons  having  the  quali- 
fications of  electors  as  he  may  deem  necessary. " — 
Code,  Sec.  8295. 

Jurors  must  be  electors  and  taxpayers. — Code, 
Sec.  94. 

(Before  this  section  decisions  in  territory  as  to 
eligibility  of  women  varied — Cf.  Harland  vs. 


Washington  155 

Territory,  13  Pac.  453,  and  Hays  vs.  Territory,  5 
Pac.  927.) 

County  Commissioners  ''three  qualified  elec- 
tors."— Sec.  3967. 

County  Auditor  must  "have  the  qualifications 
of  an  elector." — Sec.  3915. 

County  Treasurer  must  have  the  "qualifications 
of  a  voter. " — Sec.  3937. 

Prosecuting  attorney.  "Qualified  elector." — 
Sec.  3959. 

County  Assessor.  ' '  Qualifications  of  a  voter. ' ' — 
Sec.  3971. 

Sheriff.     ' '  Qualifications  of  a  voter. ' ' — Sec.  3985 . 

County  Engineer.      "Qualified  elector." — Sec. 

3974- 

Coroner.     No  qualifications. — Sec.  4007. 

County  Superintendent  of  Schools.  Elected  at 
general  election. — Code,  Sec.  4472.  No  sex  quali- 
fication. Cf.  Russell  vs.  Guptill,  construing  this 
with  Sec.  78  of  Laws  of  1889-90  (Hills'  Code,  Sec. 
856)  that  "he"  means  "she"  when  applied  to 
board  of  education  and  county  and  city  super- 
intendent. 

Directors  of  school  district  elected  at  school 
elections.  No  qualifications  as  to  sex. — Code, 
Sec.  4480. 

"Whenever  the  word  'he'  or  'his'  occurs  in  this 
act  referring  to  either  the  members  of  the  city 
board  of  directors,  county  superintendent  of 
common  schools,  city  superintendents,  direc- 


156        Political  Status  of  Women 

tors,  clerks,  state  board  of  education  or  other 
school  officers  it  shall  be  understood  also  to  mean 
'  she, '  and  any  woman  possessing  all  the  qualifica- 
tions of  an  elector,  except  as  to  sex,  and  possessing 
all  of  the  other  qualifications  required  by  law  for 
such  officers  shall  be  eligible  to  hold  such  offices." 
—Sec.  4413. 

Justice  of  the  peace  must  be  "qualified  voter." 
—Code,  Sec.  6516. 

Constable.     No  qualifications. — Sec.  6524. 

Librarian.     No  qualifications. — Sec.  6972. 

Cities,  Second  class.  Officers  of  such  city  to 
be  "residents  and  electors." — Sec.  7592. 

Cities,  Third  class.  Any  officer  by  election  or 
appointment  must  be  "resident  and  elector." — 
Sec.  76. 

Cities,  Fourth  class.  Officer  must  be  resident 
and  elector. — Sec.  7726. 

Towns.  Officers  (including  supervisors,  town 
clerk,  etc.)  must  be  resident  electors. — Sec.  9338. 

Police  Matrons  required  in  cities  of  ten  thousand 
inhabitants. — Code  7824. 

Matron  required  in  State  training  school.— 
Code,  Sec.  8599. 

State  Board  of  Control  of  Charities  consists 
of  three  "citizens  of  State  appointed  by  governor. " 
—Code,  Sec.  8931. 

"Hereafter  in  this  State  every  avenue  of  em- 
ployment shall  be  open  to  women;  and  any  busi- 
ness, vocation,  profession  and  calling  followed  and 


Washington  157 

pursued  by  men  may  be  followed  and  pursued  by 
women,  and  no  person  shall  be  disqualified  from 
engaging  in  or  pursuing  any  business,  vocation, 
profession,  calling  or  employment  on  account  of 
sex;  Provided  this  section  shall  not  be  construed 
so  as  to  permit  women  to  hold  public  office.  "- 
Code,  Sec.  6569. 

Note. — The  first  two  sections  of  this  report,  i.e., 
General  Suffrage  and  Local  Suffrage,  are  practi- 
cally superseded  by  the  Constitutional  Amendment 
adopted  last  fall.  The  Amended  Section  I  of 
Article  VI.  of  the  Constitution  now  reads  as 
follows : 

"Section  I.  All  persons  of  the  age  of  twenty- 
one  years  or  over,  possessing  the  following  qualifi- 
cations, shall  be  entitled  to  vote  at  all  elections: 
They  shall  be  citizens  of  the  United  States;  they 
shall  have  lived  in  the  State  one  year,  and  in  the 
county  ninety  days,  and  in  the  city,  town,  or  ward 
or  precinct  thirty  days  immediately  preceding  the 
election  at  which  they  offer  to  vote;  they  shall  be 
able  to  read  and  speak  the  English  Language: 
.  .  .  There  shall  be  no  denial  of  the  elective  fran- 
chise at  any  election  on  account  of  sex." 

How  far  this  affects  office-holding  has  not  been 
officially  determined,  except  that  by  chap.  57, 
Sees.  I  and  2  of  the  Laws  of  1911,  women  are 
competent  to  serve  as  jurors  in  the  superior  courts 
of  the  State,  the  same  being  an  amendment  to 


158        Political  Status  of  Women 

Rem.  Bal.  Code,  Sec.  94,  and  also  to  Sees.  88-93  and 
98  in  so  far  as  a  jury  is  defined  as  a  body  of  men. 


WEST  VIRGINIA 

GENERAL  STATE  SUFFRAGE. — Women  have  no 
state  suffrage. 

Const.,  Art.  IV.,  Sec.  i. — "The  male  citizens 
of  the  State  shall  be  entitled  to  vote  at  all  elections 
held  within  the  counties  in  which  they  respectively 
reside.  ..."  (Excludes  minors,  insane,  paupers, 
convicts,  and  requires  residence.) 

Ch.  3,  Sec.  529,  of  Annotated  Statutes  repeats 
Constitution  in  terms. 

SPECIAL  OR  LOCAL  SUFFRAGE. — Women  have  no 
special  suffrage. 

1.  School     suffrage. — School     Superintendent 
elected  in  county  by  "voters  thereof. "     Various 
school  questions,  as  tax  levy,  high  school,  number 
of  school  months,   etc.,  submitted  to  the  same 
voters. — An.  Stat.,  Sec.  1560. 

2.  Local    option. — "Inhabitants    of    county" 
may  petition  against  granting  license  to  county 
court. — An.  Stat.,  Sec.  925. 

Same  in  cities. — An.  Stat.,  Sec.  926. 

OFFICE-HOLDING. — Women  hold  no  offices. 

"No  person  except  citizens  entitled  to  vote 
shall  be  elected  or  appointed  to  any  state,  county 


Wisconsin  159 

or  municipal  office.  .  .  ." — Const.,  Art.  IV.,  Sec. 

4- 

''There  shall  be  and  hereby  is  established  a 
state  board  to  be  known  as  'The  West  Virginia 
Humane  Society'  for  protection  of  children  and 
the  helpless  aged,  and  the  prevention  of  cruelty 
to  animals.  .  .  .  Said  board  shall  consist  of  four 
reputable  citizens,  one  of  whom  shall  be  from  each 
of  the  four  congressional  districts  and  may  consist 
in  part  of  women." — An.  Stat.,  Sec.  482. 

Attorney. — "Any  person  desiring  to  obtain  a 
license  ..."  after  application,  examination,  etc., 
may  be  admitted  to  the  bar. — Sec.  3760. 

Notaries  Public.  —  Governor  appoints.  —  Sec. 
2192. 

Sec.  2194. — ".  .  .  He  (notary  public)  shall  also 
be  a  conservator  of  the  peace  within  his  county  and 
as  such  conservator  shall  exercise  all  the  powers 
conferred  by  law  upon  justices  of  the  peace." 
(Women  are  not  eligible.) 

Industrial  School  for  Girls.  !' '  All  officers,  agents 
and  servants  in  internal  management  shall  be 
women." — Supplement,  1909,  Sec.  i8o6a,  12. 

Governor  appoints  board  of  five  examiners  for 
nurses,  "two  of  whom  may  be  women." 


WISCONSIN 

GENERAL   STATE   SUFFRAGE. — Women   have   no 
state  suffrage. 


160        Political  Status  of  Women 

Constitution  III.,  Sec.  I. — "Every  male  person 
.  .  .  belonging  to  either  of  the  following  classes 
.  .  .  shall  be  deemed  a  qualified  elector  at  such 
(any)  election. "  (i)  Citizens  of  the  United  States ; 
(2)  holders  of  first  papers ;  (3)  Indians  made  citi- 
zens by  Act  of  Congress;  (4)  civilized  Indians, 
"Provided  that  the  legislature  may  at  the  time 
extend  the  right  of  suffrage  to  persons  not  herein 
enumerated;  but  no  such  law  shall  be  in  force 
until  the  same  shall  have  been  submitted  to  a  vote 
of  the  people  at  a  general  election  and  approved 
by  a  majority  of  all  the  votes  cast  at  such 
election." 

(N.B. — Amendments  to  Constitution  require 
two  legislatures  and  popular  majority.) 

"The  legislature  may  by  law  approved  as  above 
prescribed  extend  the  suffrage  to  women. " — Brown 
vs.  Philips,  71  Wis.  239. 

The  effect  of  adopting  Sec.  i,  ch.  211,  of 
Laws  of  1885,  giving  women  right  to  vote  at 
elections  pertaining  to  school  matters  is  equivalent 
to  adding  a  clause  to  this  section.  But  the 
statute  is  not  self-executing  as  to  elections  at 
which  other  than  school  officers  are  to  be  chosen. 
And  that  an  officer  does  some  school  duties  does 
not  make  him  a  school  officer. — Gilkey  vs.  Me- 
Kinley,  75  Wis.  543. 

SPECIAL    OR    LOCAL    SUFFRAGE. — Women    have 
school  suffrage. 


/ 


Wisconsin  161 

School  District  Meetings — annual  and  special. 
''Every  woman  who  is  a  citizen  .  .  .  shall  have 
a  right  to  vote  at  such  election." — Stat.,  Sec. 
428a. 

Wisconsin  Statutes  of  1898,  ch.  5,  Sec.  12,  as 
amended  by  Supplement,  Sec.  428a.  (Ch.  285, 
1901.)  —  School  district  meetings.  Electors. 
"Every  woman  who  is  a  citizen  of  this  state,  of  the 
age  of  twenty-one  years  and  upwards  (except  those 
excluded  by  Constitution  III.,  Sec.  2)  ...  who 
has  resided  within  the  state  one  year  and  in  the 
election  district  where  she  offers  to  vote  ten  days 
next  preceding  any  election  pertaining  to  school 
matters  shall  have  the  right  to  vote  at  such  elec- 
tion. Separate  ballot  boxes  shall  be  furnished 
at  every  election  precinct  in  this  State  at  every 
primary,  general,  municipal  or  special  election  for 
the  use  of  women  desiring  to  vote  on  said  school 
matters  and  separate  ballots  shall  also  be  provided 
at  said  election  for  the  use  of  said  women."  This 
last  paragraph  was  added  because  the  law  in  its 
previous  form  had  been  held  not  to  give  women  the 
right  to  vote  on  school  matters  at  general  elections. 
—Cf.  Gilkey  vs.  McKinley,  supra. 

An  election  to  bond  a  city  for  high  school 
building  carried  by  women's  votes,  sustained.— 
Hall  vs.  Madison,  107  N.  W.  i  (1906). 

For  the  power  of  the  qualified  electors  to  raise 
money  at  town  meetings  see  Annotated  Stat., 
ch.  38,  Sec.  776. 


1 62        Political  Status  of  Women 

OFFICE-HOLDING. — While  there  is  no  express  pro- 
vision in  the  statutes,  it  is  the  general  doctrine  of 
the  decisions  that  a  person  not  an  elector  cannot 
hold  public  office. — State  vs.  Smith,  14  Wis.  497 ; 
State  vs.  Trumpf,  50  Wis.  103. 

Qualifications  for  particular  offices. — Members 
of  legislatures  must  be  residents  and  electors. — 
Const.,  Art.  IV.,  Sec.  6. 

Governor  and  Lieutenant-Governor  must  be 
citizens  and  electors. — Const.,  Art.  V.,  Sec.  2. 

There  is  no  provision  in  Constitution  as  to 
county  officers,  other  state  officers  or  judges. 

State  Superintendent  of  Education  to  be  elected 
by  qualified  voters,  "as  legislature  shall  provide." 
—Const.,  Art.  X.,  Sec.  i. 

"Every  woman  of  twenty-one  years  of  age  and 
upwards  may  be  elected  or  appointed  as  director, 
treasurer,  or  clerk  of  a  school  district,  director  or 
secretary  of  a  town  board  under  the  township 
system ;  member  of  a  board  of  education  in  cities, 
or  county  superintendent  (or  town  inspector  of 
common  schools)." 

(N.B. — Last  clause  not  enacted;  left  in  and 
printed  in  law  by  mistake.  Ch.  120  of  1875.) 

Board  of  Regents  of  University.  "At  least  one 
of  whom  shall  be  a  woman." — Supplement,  Sec. 

378. 

Board  of  Regents  of  Normal  schools,  1 1  members 

"at  least  one  of  whom  shall  be  a  woman." 
Probation  officers. — "One  or  more  persons."- 


Wyoming  163 

Laws   of    1909,    Sec.   4734,  amended.     (Ch.   541 
of  1909.) 

"Five  persons,  one  of  whom  shall  be  a  woman" 
appointed  as  State  Board  of  Control  of  Charities. 
— Statutes,  Supplement,  Sec.  561  a,  ch.  381 

(1905). 

"No  person  shall  be  denied  admission  or  license 
to  practise  as  an  attorney  in  any  court  on  account 
of  sex.  "—Statutes,  Sec.  2586,  5. 

"The  governor  shall  appoint  .  .  .  Notaries  Pub- 
lic, who  shall  be  residents  and  qualified  electors, 
or  females  of  the  age  of  twenty-one  years  or 
upward  of  the  county  for  which  they  are  ap- 
pointed."— Statutes,  Sec.  173. 

"Any  woman  authorized  to  practise  as  an  at- 
torney of  any  court  of  record  may  be  appointed 
and  act  as  a  court  commissioner." — Sec.  2433. 
(Duties  judicial — can  punish  contempt.) 

"Whenever  the  governor  shall  deem  it  expedient 
...  he  may  appoint  a  suitable  person,  male  or 
female  .  .  ."  to  make  investigation  of  State 
Institutions. — Sec.  562  (a). 

One  female  assistant  factory  inspector  may  be 
appointed. — Sup.  to  Stat.,  Sec.  102 id,  ch.  409,  L. 
of  1901. 


WYOMING 

Full  political  rights  are  accorded  women. 
Const.,  Art.  I.,  Sec.  3. — "Since  equality  in  the 


1 64       Political  Status  of  Women 

enjoyment  of  natural  and  civil  rights  is  made  sure 
only  through  political  equality,  the  laws  of  this 
State  affecting  the  political  rights  and  privileges 
of  its  citizens,  shall  be  without  distinction  of  race, 
color,  sex,  or  any  circumstance  or  condition  what- 
soever other  than  individual  incompetency,  or 
unworthiness  duly  ascertained  by  a  court  of  com- 
petent jurisdiction. " 

Const.,  Art.  VI.,  Sec.  I.— "The  right  of  citizens 
of  the  State  of  Wyoming  to  vote  and  hold  office 
shall  not  be  denied  or  abridged  on  account  of 
sex.  Both  male  and  female  citizens  of  this  State 
shall  equally  enjoy  all  civil,  political  and  religious 
rights  and  privileges/' 

Const.,  Art.  VI., — 2 — Sec.  3. — "No  person 
except  a  qualified  elector  shall  be  elected  or  ap- 
pointed to  any  civil  or  military  office  in  the  State." 

Revised  Statutes  of  1897,  Sec.  378.— "When 
they  possess  the  other  qualifications  of  an  elector, 
the  rights  of  women  to  the  elective  franchise  and 
to  hold  office  shall  be  the  same  as  those  of  men." 


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